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Guide to US temporary visas

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.
Contact this writer Click here to send this author comments or questions.


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