Immigration Issues/B1 B2 visa

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Question
I have been in the states for just under 6 months and left recently to go to a job for 9 days in China,i now want to return to the states where i have family,my visa expiry date is 31st August so will i have any problems re entering?Hopefully i will be allowed in until the end of August,can you shed some light on it please.

Answer
There could be a problem in entering the U.S. after spending so much time in the previous visit and then spending very little time abroad before entering again. However, if you are able to satisfactorily answer questions by the immigration inspector such as the purpose of your entry, your residence and employment or studies abroad, how you are supporting yourself while in the U.S. (hopefully not through unauthorized employment, but either through savings or through minimal expenses based on the support of family members), etc., you should be able to enter the U.S. again.

At the port-of-entry you may be issued Form I-94 for between 1 month and 6 months, depending on the discretion of the immigration inspector, but in any event no more than 6 months. If for some reason you are given entry for 6 months, it is perfectly legal since a valid visa is only for entry to the U.S. and does not always mean that permission to remain legally in the U.S. is limited by visa expiration date. In any event, the maximum allowed per inspector's discretion is 6 months; the exact time will be noted on Form I-94 issued at port of entry.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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