Duration of Stay and Extension of Stay

ADuration of Stay and Extension of Stay of B-1 Visa

The duration of your stay in the United States is decided by CBP Officer at the time of your entry into the U.S. based upon your stated purpose for entering the country. The majority of approved visits are authorized for shorter periods between 6 months and one year.(8 CFR § 214.2(b)(1)).

If the B-1 non-immigrant visa holder fails to complete business trip within the legal stay period granted by CBP Office,she/he should extend stay in the United States. (See Chinese version of Extension of Status) Extensions of stay can be granted in increments of up to six months .(8 CFR § 214.2(b)(1)).However, if a B-1 holder is a member of an accredited religious sect and the sole purpose of coming to the United States is related to church work, the holder may apply for an extension of up to one year at a time. But please note that church work does not include selling books and accepting donations.

You must depart the U.S. on or before the last day you are authorized to remain in the U.S. as specified on your Form I-94. Failure to do so will result in being out-of-status, which may cause you to be ineligible to receive a visa to enter the U.S. in the future.(See Chinese version of Unlawful Presence)

USCIS suggests that you file Form I-539 at least 45 days before your duration of stay expires. The applicant should submit I-539 and other materials to USCIS.(See Chinese version of Extension of Status, Change of Status)

BDuration of Stay and Extension of Stay of B-2 Visa

The duration of your stay in the United States is decided by CBP Officer at the time of your entry into the U.S. based upon your stated purpose for entering the country. The majority of approved visits are authorized for shorter periods between 6 months and one year.(8 CFR § 214.2(b)(1)).

If the B-1 non-immigrant visa holder fails to complete his purpose of going to the United States within the legal stay period granted by CBP Office, she/he should extend stay in the United States. (See Chinese version of Extension of Status) Extensions of stay can be granted in increments of up to six months .(8 CFR § 214.2(b)(1)).

You must depart the U.S. on or before the last day you are authorized to remain in the U.S. as specified on your Form I-94. Failure to do so will result in being out-of-status, which may cause you to be ineligible to receive a visa to enter the U.S. in the future.(See Chinese version of Unlawful Presence)USCIS suggests that you file Form I-539 at least 45 days before your duration of stay expires. The applicant should submit I-539 and other materials to USCIS.(See Chinese version of Extension of Status). In addition, holders of B-2 non-immigrant visas can change his/her status within the legal period of I-94.(See Chinese version of Change of Status)

Note: Form I-94, Arrival/Departure Record, is the document that record the arrival and departure dates of U.S. visitors. Processed by Customs and Border Protection (CPB) and the Department of Homeland Security (DHS), Form I-94 information provides basic visitor information—things like the arrival date, visa status, and the date the visitor is required to leave the U.S.

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