H1 & I94 is expired, extension applied want to apply B2 for parents

[Talegaon001]

Background:

• I have H1B(expired) and B1/2 visa(expiry 2021) stamped on passport.
• I had entered on H1B visa and have all current pay stubs.
• My H1 and I94 was expired on 14 Nov 2013.
• I had applied for H1 extension on 23 Oct 2013 and have received the receipt for me, my wife and daughter.
• The extension is still pending.
• The receipt for me does not have my name but my wife and daughter's name is there on their receipt.
• I want to sponsor B2 visa for my sister (just completed MBBS waiting for results) so that she can travel during mid Jan for 1.5 month.

 

 

Question?

• As my extension is still pending, can 'h1 extension petition receipt' be sufficient while applying for B2 for my sister?
• Will there be any problem due to not having the my valid I-94 available?
• If there is any question on the my legal status, what documents should be produced to VO?

 

[jairichi]

 

Background:

• I have H1B(expired) and B1/2 visa(expiry 2021) stamped on passport.
• I had entered on H1B visa and have all current pay stubs.
• My H1 and I94 was expired on 14 Nov 2013.
• I had applied for H1 extension on 23 Oct 2013 and have received the receipt for me, my wife and daughter.
• The extension is still pending.
• The receipt for me does not have my name but my wife and daughter's name is there on their receipt.
• I want to sponsor B2 visa for my sister (just completed MBBS waiting for results) so that she can travel during mid Jan for 1.5 month.

 

 

Question?

• As my extension is still pending, can 'h1 extension petition receipt' be sufficient while applying for B2 for my sister?
• Will there be any problem due to not having the my valid I-94 available?
• If there is any question on the my legal status, what documents should be produced to VO?

 

1. Your sister's B2 visa is independent of your visa status in US.

2. Refer 1.

3. Refer 1.

[t75]

You should be worrying about your expired I-94 and not be trying to invite anyone else to the US until you are 100% legally present.

 

Your sister need to get a job to improve her chances of getting a visa in the future. It looks like you are trying to make a marriage match or get her into school.

[Talegaon001]

Thank you Jairichi

 

T75 - Thank you for your response

- I have the receipt of petition and extension is pending with USCIS. As understand this is legal status to stay in US.

- As I have applied extension in late Oct and average decision time is 4 months, I believe I wont get result until end of Feb. Before this my sister can travel and go back.

- My sister is coming here to spend a month with us during her vacation

- She has to go back immediately to get the results and further admission process for PG in India

 

Do I still need to worry about my I94 for my sister's B2 visa? Does she still need to get job before Travel?

[jairichi]

Thank you Jairichi

 

T75 - Thank you for your response

- I have the receipt of petition and extension is pending with USCIS. As understand this is legal status to stay in US.

- As I have applied extension in late Oct and average decision time is 4 months, I believe I wont get result until end of Feb. Before this my sister can travel and go back.

- My sister is coming here to spend a month with us during her vacation

- She has to go back immediately to get the results and further admission process for PG in India

 

Do I still need to worry about my I94 for my sister's B2 visa? Does she still need to get job before Travel?

As said earlier everything depends on your sister's ability to convince VO that she has strong ties to home country and she intends to come back. I doubt a month of vacation and PG admission in India is going to convince VO.

[pontevecchio]

If you live in a warmer area then coming in January makes some sense. If you stop coaching her and she acts like the Doctor she is and answers questions with eye contact and a smile there is no earthy reason why she should be denied the visa.

[t75]

Your sister, frankly, is a poor candidate for a visa especially since she does not appear to have confirmed plans after her return.  She certainly should apply bit should not be disappointed if she does not receive stamping.