Leaving and re-entering US while holding a B1 visa

[dan_b 0]

Hi Everyone,

I am a British citizen living in Philadelphia on a B1 visa (this is the second concurrent one I have had). It is stamped until mid-January 2015. I wish to visit Hong Kong for a few days for a conference in May. Since it has been stamped and approved and I'm here now, do you think I will be able to leave and re-enter without any trouble at US immigration?

Do any of you fine people have any experience or expertise in this you could share please?

Many thanks in advance for your help!

Cheers,

Dan

[canadian_wife 1,808]

Sorry, how are you living in the US on a tourist visa?

Tourist visas are for visiting, not living so yes, I think you might have problems

good luck

[JohnR! 5,495]

Hi Everyone,

I am a British citizen living in Philadelphia on a B1 visa (this is the second concurrent one I have had). It is stamped until mid-January 2015. I wish to visit Hong Kong for a few days for a conference in May. Since it has been stamped and approved and I'm here now, do you think I will be able to leave and re-enter without any trouble at US immigration?

Do any of you fine people have any experience or expertise in this you could share please?

Many thanks in advance for your help!

Cheers,

Dan

There are no guarantees you will be allowed back in if the CBP detects a pattern of long stays in the US after short trips abroad. It is very rare that the CBP allow anyone a stay over six months, so when you say 'it is stamped until mid-Jan 15' do you mean your electronic I-94 allows you to stay until that date -or- the validity of the VISA issued expires in 2015? If the latter, make sure you get a copy of your I-94 which contains the date by which you must leave the US, lest you get in trouble in the future.

[Darnell 8,478]

what dates are on the I-94? (note there are two, I'm asking you to write both)

[dan_b 0]

Many thanks Gegel and Darnell for replying.

The Admit Until date is January 15th 2015

The Expiration date is November 20th 2014

I'm not sure about the the discrepancy between those dates though. Does that mean November is the last time I can leave if I'm planning to return on that visa?

[aaron2020 11,651]

Many thanks Gegel and Darnell for replying.

The Admit Until date is January 15th 2015

The Expiration date is November 20th 2014

I'm not sure about the the discrepancy between those dates though. Does that mean November is the last time I can leave if I'm planning to return on that visa?

Absolutely no way are you legal in the US for a year on a tourist visa. This is not possible under the law. A visitor visa holder is limited to 6 months max. Edited February 26, 2014 by aaron2020

[JohnR! 5,495]

Many thanks Gegel and Darnell for replying.

The Admit Until date is January 15th 2015

The Expiration date is November 20th 2014

I'm not sure about the the discrepancy between those dates though. Does that mean November is the last time I can leave if I'm planning to return on that visa?

The 'Admitted Until' is the date by which you must leave the US. The expiration date is the latest date on which you can enter the US with that visa.

If you were to leave the US in May, you could return and be admitted - pending discretion of the CPB officer - until 20NOV.

In all honesty, I think you may be questioned if you were to leave and return after such a short trip, but nobody can guarantee it one way or another.

[aaron2020 11,651]

How long have you been in the US?

How long have you been living in Philadelphia on your B-1?

Edited February 26, 2014 by aaron2020

[JohnR! 5,495]

Absolutely no way are you legal in the US for a year on a tourist visa. This is not possible under the law. A visitor visa holder is limited to 6 months max.

He's on a B1 visa, not tourist. In any case, there has been tourists admitted for a year. It is up to the CBP to decide, upon arrival, at the POE.

Edited February 26, 2014 by Gegel

[aaron2020 11,651]

He's on a B1 visa, not tourist. In any case, there has been tourists admitted for a year. It is up to the CBP to decide, upon arrival, at the POE.

http://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

USCIS info for the B-1.

Edited February 26, 2014 by aaron2020

[dan_b 0]

Thanks Gegel, that's helpful.

Aaron2020, I can assure you I am legal and I have the documents to prove it. I was granted a B1 visa in 2012 for period of 1 year and another one this January. Definitely B1 - I'm looking at it now!

[JohnR! 5,495]

http://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor

USCIS info for the B-1.

Max 6 months upon entry. Can be extended for another 6 months for 1 year max time with a B-1.

So impossible for him to be admitted until Jan 2015.

It is really not impossible for there have been cases where visitors were given one year on B1/B2 visas. In any case, it is immaterial, for he says that is the date on the I-94.

The issue really is whether he will have trouble reentering the US if he goes to HK in May.

[Alexandra22 0]

Do you live here on B1 visa ?

[blk 87]

With this B1 visa how would you be able to get a return ticket & a visa to visit HK from the US as you are not a resident of the US ? According to the USCIS website a B1 is a temporary business visa.

Edited February 26, 2014 by blk

[JohnR! 5,495]

Thanks Gegel, that's helpful.

Aaron2020, I can assure you I am legal and I have the documents to prove it. I was granted a B1 visa in 2012 for period of 1 year and another one this January. Definitely B1 - I'm looking at it now!

Just to be on the safe side, the date of 15JAN2015 you obtained from the I-94 at https://i94.cbp.dhs.gov/I94/request.html;jsessionid=hc8JTTvYrSGLG1Z6nrwzKwbBZNrj71fVcGcskVl0Dm4hSLG4YyR5!-78553316 ?

If that is where you got it, then that is the date by which you should leave the US, and chances are it was a mistake by the CBP. In that case, if you leave in May, upon your return chances are you will only be given 6 months, as is customary. If you really need to stay in the US until 2015, my suggestion is that you stay put.

Edited February 26, 2014 by Gegel