Can my I-94 be extended on re-entry to the US on a B1/B2 Visa?

[monipom 0]

Hi there,

I have 1 year B2 visa but my duration was set to 6 months by border control even though my flight home isn’t for another 4 months.

I will fly to Europe and Israel during my stay. My questions are:

When I leave the US for my this trip, is my I-94 (departure date) reset?

When I come back and will I be issued a new I-94?

If I am re-issued a new exit date, is there a chance it will be longer than the previous one?

Also has anyone had any trouble re-entering the US on a B1/B2 visa? Various websites said it may be tricky as BC may assume that you're returning to a parter or to find work. Any anecdotes will be much appreciated.

Thank you!

[p-ana 933]

6 months is the longest cbp officers will let you stay in country. The 1 year validity for the visa has nothing to do with the amount of time you're authorized to stay.

Good luck trying to get in again after spending 6 months here.

[TL2016 208]

Just because your B1/2 Visa is valid for 1 year, does not mean you are allowed to stay in the United States for 1 year. That's only the validity of your visa, not how long you'll be allowed to stay inside of the country. Don't confuse the validity of your visa with the time allowed to stay in the US.

Usually, you're given 6 months on a B1/2 visa and not longer than that. Some people get less than 6 months, it all depends on the CBP officer. You may be allowed to extend that stay by another 6 months if you have a very good reason. You'd have to do that by filing form I-539: https://www.uscis.gov/i-539 . This is not a guarantee that your request will be granted.

If you completely leave the US (and NOT just go to Mexico / Canada), your I-94 will 'end' and if you enter again, a new entry will be made. Trying to enter the country again shortly after spending 6 months in the US won't be easy. They'll most likely question your intentions and might start thinking that you're living / working illegally in the US. The general rule is that you should spend at least as much time outside of the US than the time you've spend inside. This isn't an official rule, but a lot of people go by that just to be safe.

[monipom 0]

So if I'm lucky and they let me re-enter, is my i-94 reset? Can I get another 6 months or will I have to apply for an extension before I return?

I would appreciate some anecdotes about not being able to re-enter, I have heard this too but I've not heard any actual incidents of it happening.

Also if I apply for an extension now, will the extension be valid after I return from Europe?

Edited June 4, 2016 by monipom

[newacct 688]

The I-94 is only for a particular entry. When you leave the US, you cease to have any status in the US and you no longer have an I-94. When you try to re-enter the US, you will be admitted anew (or not) on the basis of your visa, and you will be granted a new I-94.

[Pinkrlion 2,607]

Once you leave the US your time ends. It is not a guarantee that you get 6 months, you will need to check your I-94 for the end date. There is no extention for re-entry, you have to start all over at CBP when you return. Also, if you only have a 1 year visa. You wont receive a second 6 month visit. You time will end when your visa expires.

[aaron2020 11,651]

Hi there,

I have 1 year B2 visa but my duration was set to 6 months by border control even though my flight home isn’t for another 4 months.

I will fly to Europe and Israel during my stay. My questions are:

When I leave the US for my this trip, is my I-94 (departure date) reset? No. Once you leave for Europe or Israel, you I-94 ends. If you enter the US afterwards, you get a new I-94. There is no such thing as an I-94 reset.

When I come back and will I be issued a new I-94? Yes. You get a new I-94 with a new entry.

If I am re-issued a new exit date, is there a chance it will be longer than the previous one? You would most likely get 6 months from the date of entry. It's up to CBP's discretion.

Also has anyone had any trouble re-entering the US on a B1/B2 visa? Various websites said it may be tricky as BC may assume that you're returning to a parter or to find work. Any anecdotes will be much appreciated.

Thank you!

[Hypnos 6,576]

Typically you are required to spend more time outside the US than inside when on a B-2 visa. Previous entries and duration of your stays can be looked at, and if CBP believe you are spending more time in the US than a bona fide tourist should, they can either give you a shorter admitted period on your I-94 (perhaps 90 days - sometimes even less) or deny you entry completely.

[monipom 0]

Thank you everyone for your answers. It makes me feel better though I know I shouldn't give my hopes up as BC can be unpredictable, but it looks like I have more chance that I originally thought.

To gives others more insight into my situation for others in my situation, I had saved up a lot of money, used some inheritance and some redundancy payout to travel the US and Europe. I have been fascinated by the US since I was a child so I want to spend about 8 months here. Think of it as a belated gap year.

I decided to go to Europe during this time to meet up with friends, but I want to come back to here so that I can see the rest of the country. My ticket back to Australia is in November. I had no idea before booking my trip that a visa did not determine how long you can stay in the US, it's BC and the I-94. I wish my travel agent was competent enough to tell me this.

My time constraints make it hard for me to apply for an extension. I return from Europe on August 13 and my I-94 expires on September 19. This means that I don't have the recommended 45 days to lodge my forms so I'm at risk of being an overstay.

On my way through Border Control coming back from Europe, I am now counting on the officer to allow me to stay until November.

My concern is being denied entry into the US and the effect this may have on future entry to the US, paying the difference in the cost of a return flight, the cost of applying for an extension (it's about AU$500) failing my friends who I'm meant to be meeting here, not being able to collect my possessions and not fulfilling my dream. There is nothing suspicious, no romantic interests, no jobs, no political interest.

I have been here for two months and leave for Europe in 4 days. I will update this thread to let others know how I go.

[newacct 688]

You time will end when your visa expires.

Absolutely incorrect. A US visa is only for entry and its expiration date has no bearing on how long you can stay in the US. You can enter on the day the visa expires, and get 6 months of stay.

[az2014 381]

Thank you everyone for your answers. It makes me feel better though I know I shouldn't give my hopes up as BC can be unpredictable, but it looks like I have more chance that I originally thought.

To gives others more insight into my situation for others in my situation, I had saved up a lot of money, used some inheritance and some redundancy payout to travel the US and Europe. I have been fascinated by the US since I was a child so I want to spend about 8 months here. Think of it as a belated gap year.

I decided to go to Europe during this time to meet up with friends, but I want to come back to here so that I can see the rest of the country. My ticket back to Australia is in November. I had no idea before booking my trip that a visa did not determine how long you can stay in the US, it's BC and the I-94. I wish my travel agent was competent enough to tell me this.

My time constraints make it hard for me to apply for an extension. I return from Europe on August 13 and my I-94 expires on September 19. This means that I don't have the recommended 45 days to lodge my forms so I'm at risk of being an overstay.

On my way through Border Control coming back from Europe, I am now counting on the officer to allow me to stay until November.

My concern is being denied entry into the US and the effect this may have on future entry to the US, paying the difference in the cost of a return flight, the cost of applying for an extension (it's about AU$500) failing my friends who I'm meant to be meeting here, not being able to collect my possessions and not fulfilling my dream. There is nothing suspicious, no romantic interests, no jobs, no political interest.

I have been here for two months and leave for Europe in 4 days. I will update this thread to let others know how I go.

So basically you entered the USA on March 19, and are leaving on June 8. Thats 2 and a half months. You should stay out of the USA at least the same length, so until mid August.

When exactly were you planning to come back to the USA?

Coming back in August and staying until November would probably be fine.

If you are planning to come back sooner then don't be surprised if you are drnied entry and sent back.

[monipom 0]

So basically you entered the USA on March 19, and are leaving on June 8. Thats 2 and a half months. You should stay out of the USA at least the same length, so until mid August.

When exactly were you planning to come back to the USA?

Coming back in August and staying until November would probably be fine.

If you are planning to come back sooner then don't be surprised if you are drnied entry and sent back.

I return August 13. So I will have been here roughly 2 and a half months and be gone for a similar duration. Do you know how strict they are on dates?

BTW I did not plan those times at all, I had no idea about the whole time spent in and out of the US. Do you know why this is?

[TL2016 208]

It looks like it's not really clear to you what you're allowed to do or not.

You mentioned that you obtained a 1 year B2 Visa. Did you make sure that it's a multiple entry visa? I had to obtain a B1/2 Visa as well, but mine is valid for 10 years and allows multiple entries. Your visa may only be good for a single entry, which would mean you aren't even allowed to request another entry into the country with the same visa. As an Australian citizen, you could have used the VWP (Visa Wavier Program) for up to 3 months in the US at a time. But I'm not sure if you're allowed to use it again if you've once had a B1/2 Visa (maybe someone else with more knowledge can tell you that).

Anyway, about your I-94. Whenever you're given permission to enter the US, a CBP officer decides the length of your stay and the I-94 will have a clear 'beginning and end date'. When you leave the country (not just to Mexico / Canada), your current I-94 ends no matter how long you were allowed to stay for. If a CBP officer grants you a total of 6 months in the US, you can't just stay for 4 months, fly somewhere else and return for another 2 a few months down the line. A completely new I-94 entry will be made and the length of your stay is, again, chosen by a CBP at the point of entry.

Being outside of the US for 2 months after being in for 2 is okay, but not ideal. You could still possibly get denied entry, especially when they notice that you haven't been to your home country during the time outside of the US.

[monipom 0]

It looks like it's not really clear to you what you're allowed to do or not.

You mentioned that you obtained a 1 year B2 Visa. Did you make sure that it's a multiple entry visa? I had to obtain a B1/2 Visa as well, but mine is valid for 10 years and allows multiple entries. Your visa may only be good for a single entry, which would mean you aren't even allowed to request another entry into the country with the same visa. As an Australian citizen, you could have used the VWP (Visa Wavier Program) for up to 3 months in the US at a time. But I'm not sure if you're allowed to use it again if you've once had a B1/2 Visa (maybe someone else with more knowledge can tell you that).

Anyway, about your I-94. Whenever you're given permission to enter the US, a CBP officer decides the length of your stay and the I-94 will have a clear 'beginning and end date'. When you leave the country (not just to Mexico / Canada), your current I-94 ends no matter how long you were allowed to stay for. If a CBP officer grants you a total of 6 months in the US, you can't just stay for 4 months, fly somewhere else and return for another 2 a few months down the line. A completely new I-94 entry will be made and the length of your stay is, again, chosen by a CBP at the point of entry.

Being outside of the US for 2 months after being in for 2 is okay, but not ideal. You could still possibly get denied entry, especially when they notice that you haven't been to your home country during the time outside of the US.

Thank you, that's a very concise answer. I have a multiple entry visa. The CBP officer saw my itinerary which detailed my entire trip, I feel like he would have said something if there was a chance that I may not be allowed back in. Or maybe he wanted to rush me through.

I would have thought returning home during my trip would be a disadvantage because they wouldn't know why I was returning home. For instance I could be going home to work so I have more cash to stay in the US, it wouldn'e be for pleasure which is the intention of my trip. If I leave to go to a very touristy places in Europe, then I imagine that would simply be seen as travelling for pleasure. I'm just trying to make sense of it because the mind of a CBP officer is a big mystery to me!

[Pinkrlion 2,607]

Absolutely incorrect. A US visa is only for entry and its expiration date has no bearing on how long you can stay in the US. You can enter on the day the visa expires, and get 6 months of stay.

Tell that to CBP, I know from experience and what CBP said. Just like everyone has said it varies on what country you come from what CBP does.