landlocked

[jay]

www.landlockedbrits.com

I'll proberly get in trouble for this, but there is a new site that is for landlocked Brits, didnt know if this would be of any use to any of you that are landlocked.
jayne

[DEE F]

www.landlockedbrits.com

I'll proberly get in trouble for this, but there is a new site that is for landlocked Brits, didnt know if this would be of any use to any of you that are landlocked.
jayneDont see why Jayne,there is nothing wrong wih the site,it is good I joined myself today,it is literally for people who are landlocked I think possibly more e2ers,looks ok to me,and takes nothing from EV.

Dee xx

[v2002]

Lol !!!!! Dee you continue to amaze me every day :rofl::rofl::rofl::rofl::rofl:
Dont see why Jayne,there is nothing wrong wih the site,it is good I joined myself today,it is literally for people who are landlocked I think possibly more e2ers,looks ok to me,and takes nothing from EV.

Dee xx

[peter gold]

Jayne
No problem with me. Very useful to many of our members.
See Dee is on there!!!!

[Kriz1]

I can't see why forums can't help each other if they have something in common...

[kirtida8]

Thanks Jayne, very useful to people like me.

[Carol]

www.landlockedbrits.com

I'll proberly get in trouble for this, but there is a new site that is for landlocked Brits, didnt know if this would be of any use to any of you that are landlocked.
jayne

Good site thank you xx

[lorraine]

Excellent site well done Jay.

My husband and I were just discussing Landlock , as we have been there and another one of our friends is there and will be for a long time.

My question is for Peter or V2002 maybe they know... Why can we all get our I94 renewal and then we have to take the chance on the visa??? We dont understand why they give the I94, can anyone explain Thanks

[v2002]

Hi Lorraine
You wanted to know about landlocked…well you are landlocked when you do have a legal status but you are required to get a visa stamp on the passport for free movement from in and out of USA. I was landlocked for over5 years as we had status changed to H1b in U.S.A and were advised by our lawyer not to travel if we did not have to. So despite the I140 approval and AOS pending we were scared to Evan get out of USA for a visa stamp. We did go to Ottawa and Toronto for visa stamp but our bad luck that day both the consulates were closed for local holiday. Anyway to cut long story short its miserable to be landlocked when someone passes away like in my case my dad did and than my father in law did. Both were very close to my heart and I could not be there with my family because I was afraid. That’s what you must be prepared for if you decide to be landlocked. As far as I-94 goes you can always renew status on your visa with USCIS by filing here before your legal status is expired its called adjustment of status while you are here. You will have to fulfill all the requirements as per your visa description to get your petition approved. Every time your status is extended you will get a new valid I-94 along with your approved petition. Which makes you LEGAL here … as soon as you go out YOU may be required to have a VISA stamp on your passport. As POE can stop you from entry because it’s a new law after SEP11 that one must have a valid visa stamp on passport. Give it a BIG thought before you put yourself in that position. If you can take the pressure do it if can't DON’T do it.
The first thing I did after getting my GC was to GO HOME… and Right IT FELT real GOOD but till date I think of all those feelings I had when I lost my loved ones and was unable to go. I can never forget those moments in my life and that’s the reason I try to help anyone in any way I can.
Now to your BIG Q... Why do we get I-94 and not the visa stamp ... Well some cases have no problem like H1B but there is always the element of fear like we were scared... and SOME CONSULATES SUCK
Excellent site well done Jay.

My husband and I were just discussing Landlock , as we have been there and another one of our friends is there and will be for a long time.

My question is for Peter or V2002 maybe they know... Why can we all get our I94 renewal and then we have to take the chance on the visa??? We dont understand why they give the I94, can anyone explain Thanks

[InnVic]

Hi Lorraine
As far as I94 goes you can always renew status on your visa with USCIS by filing here before your legal status is expired its called adjustment of status wile you are here. You will have to fulfill all the requirements as per your visa description to get your petition approved. K

this is what confuses the hell out of me.... it appears perfectly acceptable to the USCIS to allow you to stay forever with a business that would be denied in London - but if you go to visit a dying relative you have to sacrifice everything. I wonder if ANYONE in a position of power can explain the logic behind that one to me?

[v2002]

In my opinion the embassy have the human contact so if they dont like you they deny you the stamp .. MORE over its a known fact that consulates dont like the USCIS approvals as they feel they are the right ppl. to decide who gets visa and who not :D
Its a fact that they misuse the power as they know by law no one can intervene in their decisions .Thats how I feel about crappy consulates. They want to control who goes In and who do not .. also sometimes their moods play a imp. role and biggest factor is that applications are made by proff. (lawers) but when you go to consulate for stamping you are made to be comfortable or otherwise If you do bad they become suspicious and deny you ENTRY.. also the demand of paper track is more at consulate as they deal each application in person .... so the more denails.
Where as most of them are very nice and helpful. and dont give a dammn if you have approval THEY STAMP YOUR PASSPORT.
Hi Lorraine
Now to your BIG Q... Why do we get I94 and not the visa stamp ... Well some cases have no problem like H1B but there is always the element of fear like we were scared... and SOME CONSULATES SUCK

[peter gold]

A USCIS Form I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the "Admitted Until" date, the date when your authorized period of stay expires.
A USCIS inspector may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad.
An I 94 proves that you arrived in the country legally and that you have not stayed beyond the period of stay authorized.
An E-2 visa is the right to work in the business for which it applies. When the visa expires so does your right to work in that business but by a valid I 94 you may still stay in the US
Go back for a renewal and claim you were here legally and see what they say!!!
I have always advocated against being landlocked.
I do not write the laws

[Susie]

this is what confuses the hell out of me.... it appears perfectly acceptable to the USCIS to allow you to stay forever with a business that would be denied in London - but if you go to visit a dying relative you have to sacrifice everything. I wonder if ANYONE in a position of power can explain the logic behind that one to me?

I agree, makes no sense, but am certain things are going to change and renewals will be brought back to the USA, for sure in the Orlando area according to the many IA I have spoken to which will put a stop to just renewing I 94's. There is a state of the arch IO being built and it will be a requirement to attend an interview as part of the process.

imho, no one should be landlocked, I was myself for 8 months whilst awaiting a travel document approval. The way I see it is, if you are in renewal or change of status then your receipt number/case number should double as a travel document, but then again this is common sense at there does not appear to be any in the current immigration laws.

If anyone has a urgent need to travel especially for compassionate reasons then this should be a formality and what we are campaigning for. Too many are landlocked due to bad advise by either visa specialist or immigration attorney's.

[v2002]

Logic is simple USCIS follow the law to adjust your status and its attorneys who make sure there is no mistakes made in filing your applications.. where as In consulate they dont adjust your status THEY issue you a visa or deny you and they want to be satisfied as per their own standards and also the hidden fact is CONSULATES are required to regulate immigration numbers so they are fussy and moreover THEY HAVe absolute power to deny you stamp despite the approval .. BECAUSE they can do so to deny you visa .(some consulates feel you tried to undermine their authority). If you read the approval letter it clearly says ITS not a visa .... and it does not garuntee you to ENTRY in united states the right/power to grant visa for entry rests with the embassy.
Beat me on that statement ? is that not sweet to say we gave you approval now if you need visa spend more money and we do not care if you get one or not ... its your problem ?
Well thats how USCIS and consulate's work. Both want money they take our money and still we can't question their acts. I wish I was a immigration officer I would let everyone in :D
May be thats the reason I am not one of them lol.:fit: :D
this is what confuses the hell out of me.... it appears perfectly acceptable to the USCIS to allow you to stay forever with a business that would be denied in London - but if you go to visit a dying relative you have to sacrifice everything. I wonder if ANYONE in a position of power can explain the logic behind that one to me?

[Bayfield]

Logic is simple USCIS follow the law to adjust your status and its attorneys who make sure there is no mistakes made in filing your applications.. where as In consulate they dont adjust your status THEY issue you a visa or deny you and they want to be satisfied as per their own standards and also the hidden fact is CONSULATES are required to regulate immigration numbers so they are fussy and moreover THEY HAVe absolute power to deny you stamp despite the approval .. BECAUSE they can do so to deny you visa .(some consulates feel you tried to undermine their authority). If you read the approval letter it clearly says ITS not a visa .... and it does not garuntee you to ENTRY in united states the right/power to grant visa for entry rests with the embassy.
Beat me on that statement ? is that not sweet to say we gave you approval now if you need visa spend more money and we do not care if you get one or not ... its your problem ?
Well thats how USCIS and consulate's work. Both want money they take our money and still we can't question their acts. I wish I was a immigration officer I would let everyone in :D
May be thats the reason I am not one of them lol.:fit: :D

To be picky I think all a Visa does is give you the right to apply for admission, the decision rests with the PoE Officer.

[Bayfield]

A USCIS Form I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the "Admitted Until" date, the date when your authorized period of stay expires.
A USCIS inspector may ask you questions about the purpose of your trip, how long you will be in the United States, and your residence abroad.
An I 94 proves that you arrived in the country legally and that you have not stayed beyond the period of stay authorized.
An E-2 visa is the right to work in the business for which it applies. When the visa expires so does your right to work in that business but by a valid I 94 you may still stay in the US
Go back for a renewal and claim you were here legally and see what they say!!!
I have always advocated against being landlocked.
I do not write the laws

Interesting, the only other extention I know of is or a B and I always assumed that extended your status as a B and thefore by anology an E2 extention would extend that status.

So if it does not, what different status would the Consulate think you have?

[v2002]

I know for sure if you have H1b the POE does not give you a second look to let you in................. its only onB1 & b2 / WVP and E2 that I have heard of entry problems.
To be picky I think all a Visa does is give you the right to apply for admission, the decision rests with the PoE Officer.

[Bayfield]

A friend of mine with a GC was given a grilling, that was what persuaded him to get Citizenship.

[Kriz1]

If i had trouble getting in with a greencard...I'd know my time here was up...

[InnVic]

In my opinion the embassy have the human contact so if they dont like you they deny you the stamp .. .

how can they KNOW you - you get five minutes at a window.

Since everyone is ientitled to an opinion heres mine. They have decided on a definition, a figure that equates a "substantial sum" a measure of "marginal" and a definition of non immigrant intent. If you don't fit the stereotype then the fact that the guidelines are discretionary means diddly squat. They want cookie cutter businesses..............sort of explains why their economy is in dire straights!

[v2002]

Well you are VERY lucky if you get 5 min with them I have seen them taking less than two minutes to approve or deny case.... and what you said innvic about their attitude yes "you are absolutely right"They go by what they want to see if you dont give them what they want to see ... they wont budge .. is that fair ? hell no it is not because you did fulfill what law wants... but you can never know what that immigration officer wants.... and by the way where does it say that you must fulfill what he wants ? NOWHERE .... is he/she fair ? hell no..... They play with lives JUST because "they can " I have seen many immigration officers telling people we dont want you in our country ... that deadly reply to question when the applicant wanted to know why the persons visa was declined.
I think its because they know if they refuse 20 after taking their fee there are 20,000 more in line willing to loose the visa fee too.
Hope one day they will have to sing songs to make people come like street icecream vendor...........That will put a smile on my face and I will say "well you asked for it .... and that day is not too many years far... the way things are moving.
how can they KNOW you - you get five minutes at a window.

Since everyone is ientitled to an opinion heres mine. They have decided on a definition, a figure that equates a "substantial sum" a measure of "marginal" and a definition of non immigrant intent. If you don't fit the stereotype then the fact that the guidelines are discretionary means diddly squat. They want cookie cutter businesses..............sort of explains why their economy is in dire straights!

[v2002]

I see that day coming !!!!!! too fast indeed...... may be max 10 more years ... and BOOm no one would want to come here !!!!!! Did I give more years :D Oh !! Well may be.... who cares if I gave them few extra years even if they did not give that courtsey to many of my fellow members here on forum ... after all we are generous people not INHUMAN like them :D:D:D:D

[Sharon]

They have normally made their decision before they see you at the window, well thats my opinion but i suppose they have to be seen to go through the motions.My Immigration attorney says so long as you employ people and not seen as a marginal business we should be fine and thank god we were

[v2002]

Sharon your attorney gave you right and good advice ... infact if you do employ people apart from other necessary requirements you do get the visa renewal.... and yes their minds are made before they meet you .....
I know for fact if the application is from BIG BUSINESS with multiple employes they dont bother to ask a single question but they always grill a candidate coming to a medium size company and I always wonder why ?

May be they think medium size business are all frauds and big businesses are not ... well infact its the other way round if I am not mistaken a medium size business will never take a risk where as big one dont care at all.

So if you read between the lines ... go with the flow its always difficult to cut the tide.
They have normally made their decision before they see you at the window, well thats my opinion but i suppose they have to be seen to go through the motions.My Immigration attorney says so long as you employ people and not seen as a marginal business we should be fine and thank god we were

[kirtida8]

An E-2 visa is the right to work in the business for which it applies. When the visa expires so does your right to work in that business but by a valid I 94 you may still stay in the US

Peter Gold, does this mean that those of us landlocked and still working in our businesses are doing so illegally?????:confused: I really don't want to give them any more sticks to beat me with. :(

[peter gold]

In the strict interpretation of the visa law yes. The visa is for the business and its management. Usually a company buys the business and you are here as a manager. If the visa is not renewed then the business cannot employ you as a manager and this is why when you get lanlocked and go back for a renewal after the visa has expired you face problems

[maddy]

I wish I was a immigration officer I would let everyone in :D
May be thats the reason I am not one of them lol.:fit: :D

You have a few days to apply V2002 - get your "foot in the door" and get promoted to Chief Immigration Officer!! :rofl:

http://www.usembassy.org.uk/hrd/0796.htmlhttp://www.usembassy.org.uk/hrd/0796.html

[kirtida8]

In the strict interpretation of the visa law yes. The visa is for the business and its management. Usually a company buys the business and you are here as a manager. If the visa is not renewed then the business cannot employ you as a manager and this is why when you get lanlocked and go back for a renewal after the visa has expired you face problems

Brilliant - something else to worry about. :( I suppose the assumption is that we know that we are not allowed to work, even though in the application we make it clear that the reason for extending our stay is to continue running our businesses because for various reasons we cannot go back to get the renewal! So where does that leave us? We think we are complying, when all along we aren't??????:confused: :(

[Bayfield]

If i had trouble getting in with a greencard...I'd know my time here was up...

I always feel apprehensive for some reason entering with a GC, that is not the only story I have heard, I am going for Citizenship, the only real security.

[Sharon]

correct me if I am wrong but there seems to be different ways of being landlocked. One set of people is by choice the other set of people is having no choice. The ones that choose to landlock themselves because their business is marginal and the others have to apply to travel or are there any other senariors

[peter gold]

Sharon
Correct landlocked by choice, or by the appliacation of the immigration laws.
Bayfield you have LAWFUL PERMANENT RESIDENCE with a green card which can only be taken from you after a court hearing if they can prove you have abandoned permanent residence, or committed an aggravated (serious ) felony. Do not be forced to be a citizen if you do not want to be. I have had a green card since 1988 and just renewed for another ten years. I will not waste nearly $800 times 4 to get the right to sit on a jury and be paid $12 a day, or to vote for a puppet monkey.

[kirtida8]

correct me if I am wrong but there seems to be different ways of being landlocked. One set of people is by choice the other set of people is having no choice. The ones that choose to landlock themselves because their business is marginal and the others have to apply to travel or are there any other senariors

I cannot speak for anyone else here Sharon, but I originally extended my stay because I did not have any way of running my business whilst back in the UK as I am a single parent and the business was very hands on and I did not have anybody capable enough of running it. It was not marginal in anyway other than having 1099's instead of w2's, but at the time this was not an issue that it seems to be now. Since then I have had to extend again because of my lawsuit with regards to the original business, and I have purchased a 3rd in order to stay compliant - or so I thought?. At all time USCIS were informed that I was going to continue to run my businesses, but never once was I told that I could not do so by simply extending my stay! Now I find myself in a quandary. What can I do to be compliant in every sense of the regulations, when I know that going back to the uK to renew is not an option - especially as they will more than likely deny as I have extended twice?

[DEE F]

I could be totally off mark here so please correct me if I am wrong,but to me a visa is purely a travel document,allowing you to leave and enter the US,an i94 is an arrival departure record,so therefore as long as you maintain your status that you entered the country in,then you are ok to work and carry on with your business.Otherwise there will be a awful lot of 'illegal" legals if you get my drift.

Dee x

[kirtida8]

Thats what I thought too, but Peter Gold has a valid point, so what is the truth of the situation???

[DEE F]

Thats what I thought too, but Peter Gold has a valid point, so what is the truth of the situation???Mmmmm now there is the 24 million dollar question eh,screwed if you do,and screwed if you dont,dont you just love it here:rofl: :rofl: :rofl: :rofl:


Dee xx

[kirtida8]

Oh its an absolute ball :rofl: :rofl:

[peter gold]

The visa gives a person permission to apply for entry to the US and that application must be made before the expiry date of the visa.
The I-94 expiry date indicates the duration that the person can legally remain in the US. As long as a person is in possession of a valid I-94, they are lawfully present in the US — even if the visa, with which they applied for entry, has expired
The I-94 is issued by a Bureau Of Immigration and Customs Enforcement (BICE) inspector to any foreigner at the US border, or port of entry. The I-94 is used to track entries and determine a person’s authorised stay in the US. Often, the visa expiry date and the I-94 are not the same.
The period of validity of a visa relates only to the length of time during which the holder may travel to the United States and apply for admission at a port of entry. It does not determine the length of stay which is a matter decided by U.S. immigration authorities at the port of entry. The USCIS has sole jurisdiction over such matters.
This means to me you are here lawfully but with an expired travel visa.

[Kriz1]

I always feel apprehensive for some reason entering with a GC, that is not the only story I have heard, I am going for Citizenship, the only real security.

I don't want to be an American right now...I like being a Brit in the USA...hubby may take up Citizenship at some point...mostly for work...if this country does not want me as a Brit...then I know my time here is done and we'll move on....I'll will change my mind if I want to live outside the USA so I can get back for my grandson...

[kirtida8]

In the strict interpretation of the visa law yes. The visa is for the business and its management. Usually a company buys the business and you are here as a manager. If the visa is not renewed then the business cannot employ you as a manager and this is why when you get lanlocked and go back for a renewal after the visa has expired you face problems

OK peter, then can you please clarify what you meant? I have also heard that as i don't actually draw a salary, just living expenses - I am OK. The whole thing is a farce, and no one seems to know their ar** from their elbow IMHO.

[lorraine]

Hi , I have another question (thanks Peter and V2002 for the answers)

If people who are landlocked cant work, why do they still have to pay all the taxes??? And why do they have to do annual tax returns???:confused:

[McSporran]

I could be totally off mark here so please correct me if I am wrong,but to me a visa is purely a travel document,allowing you to leave and enter the US,an i94 is an arrival departure record,so therefore as long as you maintain your status that you entered the country in,then you are ok to work and carry on with your business.Otherwise there will be a awful lot of 'illegal" legals if you get my drift.

Dee x

I agree Dee. For what it's worth - here's my understanding. At the POE, the status you are given is what gives you the right to do what you do in the US (please forgive my lack of legal lanuage...as you all know I'm certainly not an attorney! ;) ). Therefore, when you apply to extend your E-2 or L-1 status, and USCIS send you new I-94 cards - this gives you the right to work under those terms...I could be wrong here - but I feel sure that this is the case. So Kay - you needn't be worrying....if you want "proper" legal "comfort" I would call your attorney...but I honestly think you (and all the many others who're here on status) are perfectly OK to do what you're doing.

[v2002]

Sorry to post late on this .. BUT I differ from peter gold here.
YOU ARE ALLOWED TO WORK BY EXTENDING YOUR STATUS IN USA....PERIOD.

VISA STAMP OR NO STAMP.

Getting an I-94 on B2 or B1 does not allow anyone to work ..Which can only be granted by USCIS by filing extension of status and stay beyond your original visa time or I-94 card.
But when you extend an existing visa status on EMPLOYMENT BASED visa's Like- H : L or E2 in usa vai USCIS .. you get "extention of status" and a valid new I-94 till the date for which your extention is allowed.Therefore YOU GET PERMISSION and RIGHT to continue what you are doing.
There is a big diff. between a simple I-94 card from POE and I-94 extention card from USCIS along with your approval of application for extension of status.
Petergold is wrong here.
YOU ARE WORKING LEGALLY HERE WHEN YOU file for extension of Status and are approved by USCIS.:D
Kay dont worry YOU ARE as LEGAL as anyone like me or USC.

"You owe me a big treat kay" for cheering you up. and mind it I AM 100% right.:D
Hi , I have another question (thanks Peter and V2002 for the answers)

If people who are landlocked cant work, why do they still have to pay all the taxes??? And why do they have to do annual tax returns???:confused:

Lorraine yes you pay taxes and YOU ARE LEGAL evan when landlocked.:D

By the way paying taxes have nothing to do with legal status .... ILLEGALS pay the taxes too LOL :D

[lorraine]

Hi thanks V2002 , I thought it was strange, as when people get there I94 extended they can also re do their work authorisation...........

By the way I am not landlocked now, was a year and half ago. Saying that the GC application is in, so possibly will be landlocked again.:(

[v2002]

Good CATCH lorraine " I am so proud of you " :D ... you are learning the immigration drill on very fast track :hug: :hug: :hug: LOL.

Yes because of their legal status they get EAD card extended too.

Hi thanks V2002 , I thought it was strange, as when people get there I94 extended they can also re do their work authorisation...........

By the way I am not landlocked now, was a year and half ago. Saying that the GC application is in, so possibly will be landlocked again.:(

[lorraine]

Thanks V2002 that cleared that up lol............

And you are correct , about illegals, we met someone who has been here illegally for over 15 years (not british) he told us they leave him alone as long as he pays his taxes (tax Id number given to him) we asked him why he doesn't go for legal status and he said he would be too scared as they dont hassle him now.

Thanks for your info.:hug: back to you :)

[v2002]

You are WC lorraine...
here is official clearification too :D

How can one REVALIDATE visa when in USA.

The Visa Office at the U.S. Department of State can revalidate only the following types of visas: H, L, O, P, E or I.* These visas can be revalidated only if your passport contains a previous visa of the same classification as the visa now being sought. If you do not have an existing visa in your passport of the same category that you seek, you can obtain a new visa only by applying at a U.S. consulate or embassy abroad or through the U.S. border post program.
Thanks V2002 that cleared that up lol............

And you are correct , about illegals, we met someone who has been here illegally for over 15 years (not british) he told us they leave him alone as long as he pays his taxes (tax Id number given to him) we asked him why he doesn't go for legal status and he said he would be too scared as they dont hassle him now.

Thanks for your info.:hug: back to you :)

[kirtida8]

Thanks V2002 - what treat would you like for giving me peace of mind? :)

[peter gold]

I hope that I am wrong but I still disagree with V2002 and others
See below and tell me I am wrong and I will accept it.

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
http://travel.state.gov/visa/temp/types/types_1273.html
You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.
Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.
Once the visa has expired you are IMHO no longer working for the same employer as there is no longer an employer as the status of the visa company has expired.
Please do not confuse the difference with overstaying period of time prescribed at POE and on i-94 with staying on an expired travel E2 visa

[lorraine]

:confused: Hi Peter, I think they just allow it. There are alot of people that stay on renewed I94 and get work authoristaion. Some people that we know have renewed the I94 , two or three times and then flew to London 5 years later and got the visa renewed. They still have their E2 business and have been able to work and get work authorisation for the spouse renewed with the I94. Who knows??? Not me lolx:confused:

[kirtida8]

Peter, I am not trying to find any fault with your interpretation of the law - as you obviously have a lot more experience in this than I can ever hope too, but my only question to you is "why would a service center grant an extension of stay on a visa that is expired, in full knowledge of the fact that the person(s) would be continuing to work?" I can only speak for my own situation, b ut on each of the 2 occasions when I extended - I fully explained that I would be continuing to work in my businesses, but could not travel to the UK to renew! If I was not allowed to do this - surely they should deny or at least make it clear that whilst I could stay, I could not work and so would need to find alternative means to support myself????:confused: And if you are not actually extending your status and so allowed to continue working, then why do you have to submit all the paperwork as if it were a renewal?:confused: :confused:

[peter gold]

Two different Govt agencies applying two different criteria.

[v2002]

Read a little more on your given thread PETER.. it says -
Time Limits

Holders of E visas may reside in the United States as long as they continue to maintain their status with the enterprise.

WHEN YOU EXTEND YOUR STATUS YOU ARE APPROVED THAT IT SELF PUTS YOU IN LEGAL STATUS. And your authorised stay is your NEW I94 issued by USCIS not the one from POE before renewal .. and YOU do continue to do what you came in for... BUSINESS..... in first place so whats that is conflicting here?

I hope that I am wrong but I still disagree with V2002 and others
See below and tell me I am wrong and I will accept it.

Staying Beyond Your Authorized Stay in the U.S. and Being Out of Status
http://travel.state.gov/visa/temp/types/types_1273.html
You should carefully consider the dates of your authorized stay and make sure you are following the procedures under U.S. immigration laws. It is important that you depart the U.S. on or before the last day you are authorized to be in the U.S. on any given trip, based on the specified end date on your Arrival-Departure Record, Form I-94. Failure to depart the U.S. will cause you to be out-of-status.
Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S. Select Classes of Aliens Ineligible to Receive Visas to learn more.
Staying unlawfully in the United States beyond the date Customs and Border Protection (CBP) officials have authorized--even by one day--results in your visa being automatically voided, in accordance with INA 222(g). Under this provision of immigration law, if you overstay on your nonimmigrant authorized stay in the U.S., your visa will be automatically voided. In this situation, you are required to reapply for a new nonimmigrant visa, generally in your country of nationality.
For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.
Once the visa has expired you are IMHO no longer working for the same employer as there is no longer an employer as the status of the visa company has expired.
Please do not confuse the difference with overstaying period of time prescribed at POE and on i-94 with staying on an expired travel E2 visa

[lxh11]

May I please ask Peter Gold & V2002 - are either of you immigration attorneys, and if not why do so many on the forum heed your advice and take it as sound advice.

Thanks
Liz

[kirtida8]

May I please ask Peter Gold & V2002 - are either of you immigration attorneys, and if not why do so many on the forum heed your advice and take it as sound advice.

Thanks
Liz

Both Peter and V2002 have a vast knowledge of the visa system from both experience and in Peter's case, working within a law firm that specializes in visas. Their advice is not taken on its own, but it does help a lot of people ensure that they get a good idea of the whole visa situation. Even most attorneys are not up to speed on all aspects of visa law.

[peter gold]

Liz
At the bottom of all my postings is the answer

[Peter Dexter]

What you can do legally and what should be done are sometimes a little different.

It would seem that in some circumstances you can apply to the service center and become legally in the USA but locked. However the [correct and] preferred method is to go through the embassy and obtain a renewed visa.

It seems to me that folks who become land lock for fear of going through the embassy are twisting the law the same way the embassy is.

It is hard to fault the embassy for being tough when all these tricks are being pulled on them so people can avoid the route to renewal that the US government prefers.

[peter gold]

Peter that is exactly the point I am trying to get across.
If you want a smooth renewal dont buck the system. If they gave you and initial 2 years go back after 2 years to renew. If they gave you five go back after five years.
Extending your status does NOT extend your visa nor endear you to the Consular Officer who you will have to go and see eventually.

[v2002]

That is absolutely NOT Correct.
No one is Bucking the system or twisting the law by EXTENDING STATUS while in USA. as the LAW DOES provide that provision to ONLY certain VISA holders.
----
Read the posts a little more and understand the immigration rules before you write something like that.
What you can do legally and what should be done are sometimes a little different.

It would seem that in some circumstances you can apply to the service center and become legally in the USA but locked. However the [correct and] preferred method is to go through the embassy and obtain a renewed visa.

It seems to me that folks who become land lock for fear of going through the embassy are twisting the law the same way the embassy is.

It is hard to fault the embassy for being tough when all these tricks are being pulled on them so people can avoid the route to renewal that the US government prefers.

[Peter Dexter]

That is absolutely NOT Correct.
No one is Bucking the system or twisting the law by EXTENDING STATUS while in USA. as the LAW DOES provide that provision to ONLY certain VISA holders.
----
Read the posts a little more and understand the immigration rules before you write something like that.

I beg to differ. It is bucking the system in the sense that they US government prefer you to go to the embassy to gain and renew a visa.

The only reason most poeple are becoming landlocked is they fear that the embassy will not renew.

While it is 100% legal to do this it is not the prefered way to do it.

[v2002]

Peter I agree with your this post .. But to say that when you extend the status vai USCIS "you cannot work for your business" is incorrect. The new rule to have visa stamp only came after sep 11.... but its not mendatory to go immidiately and get a stamp on your new visa... its required only when you go out of US ... if you do not go out you DO have a LEGAL right to work and continue doing wehat you are doing.

For example.. If you enter on B1 and than change status to H1B By current cange of law ONE MUST HAVE A H1B VISA STAMP before he/she starts working for a new employee if they did have a work visa stamp say L and than change to H1B they DO NOT NEED TO HAVE VISA stamp and than start the job ... they will need stamp only when the go out of US.
Case #2. If you have visa stamp for 3 year validity..... say on H or L or E and than you extend status here vai USCIS for another three years ... YOU ARE NOT REQUIRED TO TRAVEL BACK HOME FOR STAMP... you may continue working here for another full 3 years.... But if you do go back home YOU must get a VISA stamp on your passport ... Generally its not a problem at all for H visa holders as they can use DROP BOX facility to get new visa stamp .. but in case of L and E as a business if your current visa period have EXPIRED you may not be able to use DROP box facility. Therefore you must meet a visa officer to get renewal. Its basically because these visa's require further assesment for continuity.... however if you are a L employee you can use the dropbox facility just like H1b employee visa holder.
And for those WHO DO have 5 year stamp on passport and get I-94 for two due to limit time specified by E2 rules... if you extend your status vai USCIS and ger another I94 or get another I94 vai POE YOU DO NOT NEED TO GO TO CONSULATE till the end of your 5 years term.

There fore peter to say that those who extend status are landlocked or working illegally is PLAIN wrong.
You are only landlocked if you do not have further visa status on your passport and you continue renewals from USCIS for more period..... In that case yes YOU are landlocked BUT YOU ARE NOT WORKING ILLEGALLY.

Peter that is exactly the point I am trying to get across.
If you want a smooth renewal dont buck the system. If they gave you and initial 2 years go back after 2 years to renew. If they gave you five go back after five years.
Extending your status does NOT extend your visa nor endear you to the Consular Officer who you will have to go and see eventually.

[v2002]

You may differ as much as you want but RULES ARE RULES and you can rtead them the way you want to....i have no problem with that
but
What part of this dont you understand?
How can one REVALIDATE visa when in USA.

The Visa Office at the U.S. Department of State can revalidate only the following types of visas: H, L, O, P, E or I.* These visas can be revalidated only if your passport contains a previous visa of the same classification as the visa now being sought. If you do not have an existing visa in your passport of the same category that you seek, you can obtain a new visa only by applying at a U.S. consulate or embassy abroad or through the U.S. border post program.


I beg to differ. It is bucking the system in the sense that they US government prefer you to go to the embassy to gain and renew a visa.

The only reason most poeple are becoming landlocked is they fear that the embassy will not renew.

While it is 100% legal to do this it is not the prefered way to do it.

[lxh11]

Both Peter and V2002 have a vast knowledge of the visa system from both experience and in Peter's case, working within a law firm that specializes in visas. Their advice is not taken on its own, but it does help a lot of people ensure that they get a good idea of the whole visa situation. Even most attorneys are not up to speed on all aspects of visa law.


Thank you Kay, what is interesting is that neither do have the definitive answer and seem to contradict on so many issues. Therefore it's no wonder that there is no hard and fast, absolute answer and everything open to interpretation.

[Peter Dexter]

How can one REVALIDATE visa when in USA.

The Visa Office at the U.S. Department of State can revalidate only the following types of visas: H, L, O, P, E or I.* These visas can be revalidated only if your passport contains a previous visa of the same classification as the visa now being sought. If you do not have an existing visa in your passport of the same category that you seek, you can obtain a new visa only by applying at a U.S. consulate or embassy abroad or through the U.S. border post program.

Does anyone have a link to the statue that explicitly deals with revalidation of visas or the landlocked situation?

[v2002]

Its all at homeland security site as well as USCIS site.

click on the post peter have posted with link and you will find this paragraph right at the end of that thread.
Does anyone have a link to the statue that explicitly deals with revalidation of visas or the landlocked situation?

[v2002]

Lxh11 If you read my posts and check with your attorney on facts you will find that they are absolutely right as far as the laws are concerned. I do not post here based on WHIMS... ofcourse I am not an attorney to advice anyone on their case... You must reach your lawer to see what suits your case.
as far as facts go the fact is that despite the USCIS rules and regulations your case may not be treated in same mannar as mine evan by USCIS..... if you read the notice from USCIS it clearly says "each case is handled on its own individual merits" dont you think that tells a lot?
and there is nothing wrong to dicuss or disagree with opinions ... I and peter may differ as his understanding is different from mine but than you get to read from both of us ......... NOW if you want to find the fact " ITS FOR YOU to dig the USCIS site and find facts... or CONSULT your attorney to discuss your situation.

Our opinions are not based on case by case we strictly talk from rules and regulations point of view if you dont want to follow or believe in what we say here .... We do not enforce anyone to TRUST our posts 100% blindfolded.

Its FREE advice and direction that you get here on forum If you want to be SURE on what you want to find ...Consult your attorney and follow his advice.
Thank you Kay, what is interesting is that neither do have the definitive answer and seem to contradict on so many issues. Therefore it's no wonder that there is no hard and fast, absolute answer and everything open to interpretation.

[Peter Dexter]

Its all at homeland security site as well as USCIS site.

click on the post peter have posted with link and you will find this paragraph right at the end of that thread.

I used the link below, and while informative on many issues important to people on this forum, it does not explain the process for visa revalidation or how to go about it. It just deals with being in and out of status.

To resolve this thread fully we need a link to the exact law regarding revalidation and how and when to go about it.

Without the law, anything said is speculation. It is possible that there is no written law about this issue, if that is the case we need that confirmed as well.


http://travel.state.gov/visa/temp/types/types_1273.html

[lxh11]

I don't have the need for an attorney. What is interesting is, that not being an Immigration Attorney or a visa specialist, basically your discussing YOUR INTERPRETATION of a given situation (or Peter Gold's interpretation etc.) Therefore neither of you can be wrong.

I've noticed that some people seem to take this advice as sound advice, which may or may not be a good thing.

I was just interested in finding out if you indeed debate your opinion from a professional standpoint, rather than just another forum member discussing their experience or interpretation.

Now I know - thanks.

Liz

[peter gold]

Liz
Please define what you consider a "visa specialist" to be.

[v2002]

And Oh!!! Liz as for your this POST ...
"NO I am not an immigration attorney"

May I please ask Peter Gold & V2002 - are either of you immigration attorneys,

Liz that part you need to ask other members , as I am not aware of any member who heed to our advice blindfolded.
if not why do so many on the forum heed your advice and take it as sound advice.
Thanks
Liz[/QUOTE]

[lxh11]

Goodness, no need to get all defensive!:rolleyes:

I appears from several posts that your advice is sought by many and therefore one would assume, that those same individuals that seek your advice, would heed it as well.

I wanted to know (just because I'm interested and for no other reason) if you both gave this advice from a professional stand point. Because, if so, it was then further interesting to me, that on many occasions your views differ. I've never said either one of you are wrong, but now it has been confirmed that it is basically your interpretation of things.

Interpretation of anything is as varied and numerous as grains of sand.

An innocent enquiry, borne out of inquisitiveness.

[v2002]

Liz I cannot speak for Petergold BUT for your kind information dont try to twist matters..... and I have no reason to explain myself to you... and nor do I need to tell you how I voice my opinions here on the forum.... I refrain from telling you if my opinion is based on interpretations or facts from immigration laws... I for one " HAVE NEVER ASKED YOU TO HEED TO MY ADVICE?OPINION?or so called INTERPRETATIONS.........

All YOU NEED TO KNOW IS THAT THIS IS A OPEN FORUM NOT A IMMIGRATION ATTORNEYS FORUM GIVING YOU LEGAL ADVICE.

And I am not BOUND to EXPLAIN my qualifications / knowledge on immigration to YOU.

I don't have the need for an attorney. What is interesting is, that not being an Immigration Attorney or a visa specialist, basically your discussing YOUR INTERPRETATION of a given situation (or Peter Gold's interpretation etc.) Therefore neither of you can be wrong.

I've noticed that some people seem to take this advice as sound advice, which may or may not be a good thing.

I was just interested in finding out if you indeed debate your opinion from a professional standpoint, rather than just another forum member discussing their experience or interpretation.

Now I know - thanks.

Liz

[lxh11]

Grief, I have rattled your cage, simmer down and stop shouting - I find it offensive.:rofl:

[peter gold]

Liz and maybe others deserve some explanation of backgrounds and as she has asked for I will give one.
Since 1998 I have assisted over 50 successful E2 renewals and grants. I have been featured in the Washington Post, and UK newspapers as an E2expert. I have been featured on UK television as an E2 expert.
I am certified as a foreign legal consultant in English Law by the Florida Bar.
I am a retired Barrister.
It is up to you to decide if I am a visa specialist whatever that is.

[v2002]

YOU rattled nothing ..............at my end .
Grief, I have rattled your cage, simmer down and stop shouting - I find it offensive.:rofl:
And "offensive"..... hmmmm let me think about it is it not that you find my post "offensive " because I rattled your IGNORANCE?

Oh!! and I for once don't believe in shouting at people ... you are such a ignorant person... you can't evan distinguish between a SHOUT & EMPHASIS
BY use of CAPS on a post :p

Did you not have your Cofee this morning ? go get a big mug than come back on forum lol:rofl:

[Peter Dexter]

And I am not BOUND to EXPLAIN my qualifications / knowledge on immigration to YOU.

You are not bound to explain your qualifications and knowledge on immigration, but as a courtesy it is nice for people to know what they are.

If you were a lawyer your opinions can be relied upon more than if you are not.

Folks on here rely upon what people say, your qualifications are very relevant to the people on here who are looking for advice rather than giving it.

[lxh11]

Thank you Peter, I appreciate that, you didn't owe me that explanation, but it helps me know that you do talk from a position of knowledge.

With so much info here, it's difficult to wade through it all.

Liz

[peter gold]

Liz
We are not meant to blow our own trumpets or advertise on here, which is why some of us with a little knowledge do not post our experiences so THANKS for the post and apologise to anyone who feels I may have advertised

[Peter Dexter]

Perhaps it would be prudent to turn this thread back to the title and to the topic of being landlocked.

No-one has yet answered my question as to the exact written law on the issue of visa revalidation.

[v2002]

Don't think so Peter Dexter...If I were you I would NOT rely upon more on any lawer who gives his opinion free on a forum... Moreover there are some so called visa consultants and visa attorneys who really need to go back to their schools to know the immigration rules and regulations.

The only opinion I would rely upon would be to FIND out facts MYSELF. Do my homework well before I trust anyone.Attorney or not... free or paid.

If you were a lawyer your opinions can be relied upon more than if you are not.

And I don't care if you take my opinion as pinch of salt...
Because I DO expect you to Cross Check every word written here by me or anybody else.

[Carl]

[QUOTE=Peter Dexter;41557]
If you were a lawyer your opinions can be relied upon more than if you are not.
[QUOTE]

Thats debateable!!!

[Carl]

I seem to have messed up my quotie bit.
:fit:

[v2002]

You will find information here
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html
But this thread has rules as on March 14, 2002... where as the new revised rules came up as on june 23,2004.
You will need to dig up the changes made on same thread.
if I find it I will post it for you.... But if you can get hold of a immigration rules and regulations BOOK you can find all the information in index.
Perhaps it would be prudent to turn this thread back to the title and to the topic of being landlocked.

No-one has yet answered my question as to the exact written law on the issue of visa revalidation.

[Peter Dexter]

It seems I have used the incorrect term, I think I meant "extention of status"

Do you have a link to the statue refering to extention of status.i.e. you have a work based visa, it is going to expire and rather than applying and then going to your home country you apply for an extention at the processing center and never recieve the visa in the passport. Therefore you are "landlocked".

[v2002]

That if you look at employment visa cat on USCIS site...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fbf6e5caab08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1 RCRD

Related Files

* Extend My Nonimmigrant Status in the United States (1298KB PDF)
______
You may also want to read these.....for more related information..
Change My Status to Another Nonimmigrant Status in the United States? (482KB PDF)
* Change My Address with USCIS? (871KB PDF)
* Replace a Form I-94, Arrival-Departure Record, Containing Incorrect Information, or Having Been Lost, Stolen or Destroyed? (478KB PDF)
-----------
Also look for how to extend your status while in USA....on this thread.
http://64.233.167.104/search?q=cache:-H8DBKzg12cJ:www.uscis.gov/files/form/i-539instr.pdf+extention+of+status+uscis&hl=en&ct=clnk&cd=1&gl=us&ie=UTF-8
You will find details here too.

It will tell you all the forms you need.It will also tell you which visa can be extended while in USA and which cannot be.

It seems I have used the incorrect term, I think I meant "extention of status"

Do you have a link to the statue refering to extention of status.i.e. you have a work based visa, it is going to expire and rather than applying and then going to your home country you apply for an extention at the processing center and never recieve the visa in the passport. Therefore you are "landlocked".

[v2002]

Page:1 -I Am a Nonimmigrant…How do I…Extend My Nonimmigrant Stay in the United States? M-579 (01/06)

Nonimmigrant visas are issued to foreign nationals who intend to remain in the United States (U.S.) for, depending on the particular nonimmigrant classification, a temporary or otherwise less than permanent period of time. Prior to your admission to the U.S., a government official at a U.S. Port of Entry, examined your immigration documentation and, in most cases, issued you a Form I-94 or I-94W, Arrival/Departure Record when you were admitted. The I-94/I-94W shows your nonimmigrant status and the length of time you can legally remain in the U.S. pursuant to that admission. Note that the I-94/I-94W shows how long you are permitted to remain in the U.S. and not your nonimmigrant visa (if a visa was required in connection with your application for admission). A visa only shows admission) when and how many times you can come and seek admission to the U.S. from abroad pursuant to the particular classification listed onyour visa.
We understand that you may wish to remain in the U.S. for a period longer than originally planned. This Fact Sheet contains information on how you may be able to continue doing the same types of activities for which you were initially admitted by applying for an extension of your period of nonimmigrant stay in the U.S.
How do I know if I am eligible to extend my stay in the U.S.?
You may apply for an extension of stay in the U.S. if:
• You were lawfully admitted into the U.S. as a nonimmigrant; and
• You have not committed any act that would make you ineligible
to receive an immigration benefit; and
• There is no other factor that, in the sole discretion of a USCIS officer, would warrant requiring you to depart the U.S. prior to making a reentry pursuant to the same classification (for example, a USCIS officer may determine for any number of reasons that you should obtain a new visa prior to being readmitted into the U.S.); and
• You submit an application for an extension of stay before the expiration date on your Form I-94 (There are certain very limited circumstances under which USCIS will excuse a late filing of such an application.)
Please note: Your passport must be valid for your entire requested
period of stay in the U.S.
How do I know if I am not eligible to extend my stay in eligible to extend my stay in the U.S.?
If you were admitted in any of the following nonimmigrant categories shown on your I-94, you will not be able to extend your stay in the U.S.:
C (Alien in Transit)
D (Crewman)
K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e))
S (Witness or Informant beyond a total of three years)
Q-2 (Irish Peace Process Cultural and Training
Program Visitor beyond a total of three years or beyond a total of two years if initially admitted on or after December 10, 2004)
TWOV (Transit Without Visa)
WT or WB (Visa Waiver Program, you would have been
issued a green Form I-94W)
Please note: If you are in any of the above categories, you must depart the U.S. on or before the date your I-94 expires.
How do I apply to extend my stay in the U.S.?
How you apply for an extension of stay depends upon your nonimmigrant status:
Employment-Based Categories:
If you are in one of the following employment-related categories, your employer should file a Form I-129, Petition for Nonimmigrant Worker,before your Form I-94 expires:
E-1 or E-2 (Treaty Traders and Investors)
H-1B, H-2A,
H-2B or H-3 (Temporary Workers)
Page:2
L-1A or L-1B (Intracompany Transferee)
O-1 or O-2 (Aliens with Extraordinary Ability)
P-1, P-2 or P-3 (Athletes and Entertainers)
Q-1 (International Cultural Exchange Visitors)
R-1 (Religious Workers)
TN-1 or TN-2 (Canadians and Mexicans under NAFTA)
Each of the above categories has specific requirements and limits, including limits on length of stay in this country. For more information, contact your employer or qualified immigration counsel.
Please note: If your employer files a Form I-129 to extend
your status, and your husband/wife and/or unmarried children under age 21 also want to extend their status, they will need to file a Form I-539, Application to Extend/Change Nonimmigrant Status. They can all be included on one I-539. Status It is best to file the I-129 and I-539 together, so that they may be adjudicated on or about the same time. Remember, though, that they are separate applications, and therefore you and your family members (and your employer) should follow the instructions and file all the supporting documents with each application, even when filing the forms together.
Other Categories:
If you are in the following nonimmigrant categories, you should file a Form I-539 to extend your stay:
A-3 (Attendants, Servants, Personal Employees of Diplomatic and other Government Officials and Immediate Family)
B-1 and B-2 (Visitors for Business or Pleasure)
E (Treaty Traders and Investors dependents)
G-5 (Attendants, Servants, Personal Employees of Foreign Government Officials and Immediate Family)
H-4 (Temporary Worker dependents)
K-3
and K-4 (Spouse of U.S. Citizen and Minor Child Accompanying/Following to Join)
L-2 (Intracompany Transferee Dependents)
M (Vocational Students and Dependents)
N (Parents and Children of Certain People who Have Been Granted Special Immigrant Status) NATO-7 (Attendants, Servants, Personal Employees of NATO Representatives, Officials, Employees and Immediate Family Members)
O-3 (Aliens with Extraordinary Ability Dependents)
P-4 (Athletes and Entertainer Dependents)
R-2 (Religious Worker Dependents)
All “V” categories (Certain Second-Preference Beneficiaries)
TD (TN Dependents)
Please note: All family members (husband/wife and unmarried children under 21) in the same category currently can be included on one Form I-539. Remember to submit all the required supporting documents with your application.
Can I get an extension of stay if my status already expired?
If your status expired before you filed an application with USCIS to extend your stay in the U.S. or if you have otherwise violated the terms of your status, such as by working without authorization, then you are out of status. If you have fallen out of status, except in certain limited instances related to circumstances beyond your control, we cannot extend your nonimmigrant stay. Staying longer than the period of time for which you were granted admission may also have a negative effect on your ability to get other benefits or to return to the U.S. at a later time. If you fall out of status, we
recommend you leave the U.S. as soon as possible to avoid, or at least minimize, the possible impact on your ability to come back to the U.S. at a later time.
When should I file and how long will it take to process my application?
Our processing times can vary. You can check our website for our current processing times. We recommend you apply no later than 60 days prior to your I-94 expiring. You may also apply up to six months before your I-94 expires to have your stay extended.
If I am eligible for an extension of stay and file on time, will my stay be extended?
An extension of stay is not automatic. We will look at your situation, your status, the reasons you want to extend your stay, and will decide whether to grant your application; if we grant it, we will also decide how long we will extend your stay. We will not grant an extension where circumstances suggest an extension may be inappropriate.
What if I file on time but USCIS doesn’t make a decision before my I-94 expires?
If we receive your application before your status expires, and if you have not violated the terms of your status, and you meet the basic eligibility requirements, then you may continue your previously approved activities in the U.S., including previously authorized work, for a period of up to 240 days, or until we make a decision on your application or until the reason for your requested extension has been accomplished – whichever comes first.
Further, once your original nonimmigrant status expires, even though
you generally will be allowed to remain in the U.S. while your extension of stay application is pending. You will not be deemed to be in any nonimmigrant status until such time as we may approve your extension of stay. If your application for extension is denied after your previously approved stay has already expired and while you are still in the U.S., you will be considered to have been “out of status” as of the date your period of stay expired, and will be required to cease employment (if such employment was authorized) and depart from the U.S. immediately upon denial of your application. In addition,
any nonimmigrant visa in your passport granted in connection with such classification becomes void at the end of the period of authorized stay. Once your visa is void, you will be required to submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the State Department).
page:3
• On the Internet at: uscis.gov
For more copies of this Fact Sheet, or information about other citizenship and immigration services, visit our website. You can also download forms, e-file some applications, check the status of an application, and more. It’s a great place to start! If you don’t have Internet access at home or work, try your
library. If you can’t find what you need, call customer service.
• Customer Service: 1-800-375-5283
• Hearing Impaired TDD Customer Service: 1-800-767-1833
Disclaimer: This Fact Sheet is a basic guide to help you become generally familiar with our rules and procedures. For more information, or the law and regulations, see our website. Immigration law can be complex, and it is impossible to describe every aspect of every process. You may wish to be represented by a licensed attorney or by a nonprofit agency accredited by the Board of Immigration Appeals. Other U.S. Government Services –click or call In general www.firstgov.gov 1-800-333-4636
U.S. Department of State www.state.gov 1-202-647-6575
Key Information -
Key forms referenced in this Fact Sheet Form #
Arrival-Departure Record I-94
Nonimmigrant Visa Waiver
Arrival-Departure Record I-94W
Petition for Nonimmigrant Worker I-129
Application to Extend/Change Nonimmigrant
Status I-539
After I file, how can I check the status of my extension application?
After you file, we will mail you a receipt. This receipt will provide a number assigned to track your application, as well as the projected processing time. Your receipt will also give instructions about how you can use this receipt number to check on the status of your case on our website. You can also use information from Fact Sheet F,
How Do I...Know What USCIS Services Are Available to Me After I
File My Application or Petition.


That if you look at employment visa cat on USCIS site...
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fbf6e5caab08e010VgnVCM1000000ecd190aRCR D&vgnextchannel=aab807b03d92b010VgnVCM10000045f3d6a1 RCRD
Related Files
* Extend My Nonimmigrant Status in the United States (1298KB PDF)

:D no more controversy I guess.