Frequently Asked Questions - B-1 Visa
- Issues Related to Tourist Visa/Business Visa (B-1-B-2) Extensions
- Options to Stay in the USA After Expiration of H-1B
- Period of Maximum Stay Allowed for Tourist Visa Entrants
- Travel Outside The USA When A Case Is Pending
- Changing Status from Tourist or Business Visa (B1 or B2) Within the United States
- Fastest Method of Getting Spouse of a Green Card into the USA and Reducing Wait
- Fraud or misrepresentation findings in visa or petition, what should you do?
- Doing business in the USA on a B-1/B-2 visa
- Does the H-1 60 days grace period apply when one quits a job?
- Entering the USA on B-1/B-2 visa to get married
- Exempt from the H-1B Quota
- Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa
- How to Enter The USA to Start A Business And Then Continue
- B-1 in Lieu of H-1
- B-1 Visa removed and cancelled by CBP
- Re-entry with B-1 Visa
- Visa for family to visit brother
- B-2 to B-1
- B1/B2 Category
- Visa for Mother in law
- I have been revoked to seattle with visa B1/B2
- Applying for B1/B2
- How to apply for visitors visa?
- B Visa renewal
- B-1 visa for amateur singer
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.
1. According to the regulations what my best guess is it was reserved for those circumstances where you had no choice but to be out of status, but if you quit voluntarily I don't think you can claim the 60 day grace period.
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
No making up please, unless federal prison is a part of our career plan. B-1 in lieu of H-1 is uncertain, but you can keep trying extensions. If the new law for comprehensive immigration reform passes, things could change drastically.
U.S. Customs and Border Patrol (CBP) indicates that a Mexican truck driver whose B-1 visa has been cancelled by CBP for a point-to-point violation will need to discuss the issue of the cancellation with the U.S. Consulate in Mexico.
You can go to a third country, but your entry back into USA can be declined if CBP believes you are spending more time in USA than you should. Typically, B visas are for brief visits (may be six months or less in a 12-24 month period).
Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.
I believe you can take training on B-2 as long as your main purpose of stay in USA is is still medical treatment. Getting paid may be a bad idea.
A B-1 visa is appropriate for medical treatment.
You will need a consultation with a lawyer. It appears you were formally denied admission and excluded from entering USA. The one-month detention sounds strange. Anyhow, get a lawyer, this is not a simple matter.
Your chances are slim, but it is impossible to predict.
She needs to contact the US consulate closest to where she lives. Normally, they will be able to tell her what she needs to bring and what the procedure is. This information should also be available on consular web site. Most consulates also respond to e-mail enquiries.
I see no reason why not.
In my view, a B-1 would be appropriate because you are not engaging in any employment that would take a job away from a US worker and you are not getting paid for your appearances.