Applying for Tourist Visa within the US

[Jo jo 0]

I am currently in the US on an H4 visa with my wife as the main petitioner under H1B visa. We have exhausted our 6 years maximum stay so we wanted to apply for a tourist visa before our current visa expires. We are planning to file our application online without the help of a lawyer. Does anybody know the process of doing that and if we have a good chance at getting approved? Any input is appreciated.

[Roel 7,191]

You.. cannot apply for the new visa to the USA from inside the USA. How do you think that would even work? There is no US embassies within the USA - you cannot even go for the tourist visa interview. You have to go back.

 

Seeing how you already been there for 6 years, you cannot extend. (edit)

 

 

Edited January 23, 2017 by Roel

[Unlockable 7,306]

Visas are for ENTERING the US. 

 

You probably can apply from the US since it is an online application (and maybe someone else can confirm this)

 

HOWEVER...

 

You will have to interview in your home country and the visa will be issued there.

 

Edited January 23, 2017 by NuestraUnion

[Penguin_ie 5,985]

The others have answers your question.  I am going to ask you one

 

What are you trying to achieve? Are you hoping the 6th months on a tourist visa (during which you cannot work) will give you enough time to find someone to sponsor another type of visa?  Do you have a child who wants to finish the school year?

[Jo jo 0]

@Penguin_ie Couple of things: aside from the possibility of looking for another sponsorship, main reason is to visit relatives in case I end up going back to my home country. Do you think I have a chance of getting approved if I filed online without the help of a lawyer?

[Roel 7,191]

You cannot get a tourist visa from the USA.

YOU HAVE TO go back to your country, even to just take an interview. And honestly, I bet the embassy would just see this as some kind of a problem, especially since you were few  years in the USA and you desperately need to go back.

 

You knew your visa is expiring. You could have visit your relatives. That is not a valid reason.

[Boiler 43,433]

Change of Status, takes a few months so no doubt you will have left before you hear the outcome.

[Penguin_ie 5,985]

Your best bet is to go home when the current visa is up, wait a year or so, then get a tourist visa.  It is totally normal to want to visit relatives, but you had 6 years to do that, so your argument is weak now, but stronger with a year or two abroad.

[KierenHby 897]

3 hours ago, Jo jo said:

@Penguin_ie Couple of things: aside from the possibility of looking for another sponsorship, main reason is to visit relatives in case I end up going back to my home country. Do you think I have a chance of getting approved if I filed online without the help of a lawyer?

Relatives and sponsorship.. weak argument; could've been accomplished in the 6 years spent in the US?  Cannot be re-hired on an H1b after maxing out the 6 years. You need to spend at least a year out of the US.. unless i140 is approved. 

[Transborderwife 4,666]

3 hours ago, Roel said:

You cannot get a tourist visa from the USA.

YOU HAVE TO go back to your country, even to just take an interview. And honestly, I bet the embassy would just see this as some kind of a problem, especially since you were few  years in the USA and you desperately need to go back.

 

You knew your visa is expiring. You could have visit your relatives. That is not a valid reason.

This's is not so.  Change of status to b2 happens often for those with h2bs or j1s

Edited January 23, 2017 by Transborderwife

[Unlockable 7,306]

Question is does he have qualifying relatives to AOS. 

[Patient 57]

15 hours ago, Jo jo said:

I am currently in the US on an H4 visa with my wife as the main petitioner under H1B visa. We have exhausted our 6 years maximum stay so we wanted to apply for a tourist visa before our current visa expires. We are planning to file our application online without the help of a lawyer. Does anybody know the process of doing that and if we have a good chance at getting approved? Any input is appreciated.

http://money.cnn.com/2017/01/21/technology/h1b-reform-bill-grassley-durbin/  - H1-B is changing, you are in a storm.

 

Have you applied for an extension of H1-B? It is sad her employer did not support/apply for her green card.

 

All advice says - leave and re-apply

[randomstairs 265]

You can change your status to B2 but you cannot get the visa from the US. The B2 type of status will only be enough for you to pack though. Best would be to leave the country for a year and start applying for new H1B soon. The H1B is quickly evolving though and things may change very soon. There is talk of a grace period too.  

[Teddy B 17,251]

Poster does not need to leave the country to change his status. He can file I-539 for himself and his spouse and stay in the US legally until he receives the decision on his status change request. If his request is granted he can stay until the date given. If it is refused he will more than likely be given a couple weeks to leave the US.

 

Read the I-539 instructions: https://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

[Teddy B 17,251]

On 1/23/2017 at 9:11 AM, Roel said:

You.. cannot apply for the new visa to the USA from inside the USA. How do you think that would even work? There is no US embassies within the USA - you cannot even go for the tourist visa interview. You have to go back.

 

Seeing how you already been there for 6 years, you cannot extend. (edit)

 

 

The poster is already in the US in an approved status, he does not need an interview to change his status to B1/B2. He can file for change of status without leaving.