for anyone venturing into the realm of temporary U.S. visas:
I. Ten Common Misconceptions About U.S. Visas:
Misconception: The term of the visa in your passport is the term of your permitted stay in the U.S.
Reality: You must look to the date on the I-94
Misconception: The B visa is an indefinite invitation to visit the U.S. and to stay for as long as you want
Reality: You may only remain in the U.S. in legal status for the length of time shown on your I-94 card
Misconception: The mere presence of a visa in your passport provides legal status
Reality: The presence of a visa does not legal status make.
Misconception: A visa is a work permit
Reality: It is not. There is a separate document (card) called an Employment Authorization Document (EAD)
Misconception: A visa guarantees admission
Reality: A visa is only permission for you to apply for admission
Misconception: You can quit your job, change jobs, change training or exchange programs or take a part time load of classes and still be in legal status as long as your I-94 and visa have not expired
Reality: If you are no longer in compliance with the terms of your visa status then you are out of status, even if your I-94 has not expired
Misconception: The rules are made to be bent and broken
Reality: The rules are made to be followed or risk suffering the consequences
Misconception: Using an attorney will provide my application with special priority and my application will be processed faster
Reality: Using an attorney does not provide any special consideration for your application
Misconception: My I-94 expired more than six months ago and I stayed in the U.S., but now I have a job offer and I'm going to leave the U.S. and reenter in H-1B status
Reality: Not so fastyou are subject to the three year baryou've encountered the lose-lose situation stay in the U.S. without legal status or leave the U.S. and trigger the three year bar to reentry
Misconception: An Approval Notice is a Visa
Reality: An Approval Notice allows you to apply for a Visa at a U.S. Embassy abroad
II. Common Forms and Documents:
AR-11 Alien' Change of Address Card
G-28 Notice of Entry of Appearance as Attorney or Representative
DS-156 Nonimmigrant Visa Application (consular processing)
DS-157 Supplemental Nonimmigrant Visa Application (consular processing)
I-129 Petition for a Nonimmigrant Worker
I-539 Application to Extend/Change Nonimmigrant Status
I-765 Application for Employment Authorization
III. Where to Go For Help:
www.uscis.gov (United States Citizenship and Immigration Services)
http://travel.state.gov (United States Department of State)
www.aila.org (American Immigration Lawyers Association)
NOTE: The first half of this article was written in collaboration with my colleague, Scott Syfert.
Learn more about this author, K.J. Ness.
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