B2 to E3 back to B2

[tayereba]

Hi everyone,

My partner and I moved to New York from Australia in November last year with the hopes that we'd manage to stay for 12 months on our B2 visa. He was recently granted an E3 visa as he gained employment. He has been working at the new job now for a week and feels that he cannot do the work and hates it so much that he can't face another day there.

My question is, can he quit his job, leave the country and return on his remaining time left on his original B2 visa (expires May 10th 2013)? My thoughts are that once he has returned on the B2 visa, he will be given a new I-94 with which we can then apply for the extension on the B2 visa. We are financially stable enough to stay here for the whole time on savings so money isn't the issue.

This is all very confusing, but it seems logical to me. We are a gay couple who have been together 12 years so getting married isn't going to help our situation at this stage. Any advice is very much appreciated.

Tayereba

[peace999]

He has already spent ~ 4 mos in US and if he leaves now, he could have problems returning even on the last day of his visa ( 8 weeks away).
With a history of change of status to work visa (E3) within US, a quick return may make the officers suspect him of being a potential immigrant.

A very good immigration attorney (eg **** **,siskind) may help him get his B2 status back from E3 while inside US.

There is another issue you must consider while staying long duration ( 12 months ) on a B2 status.
It will be difficult to get another B2 when this one expires. the embassy takes long stays on b2 very seriously.

[tayereba]

Thanks peace999, It's funny because we spoke to an immigration lawyer and he was quite blasé about the B2 extension.. He actually told us it was quite easy.. None the less, is the process possible? If he leaves the States and just shows that he has the B2 visa in his passport upon his return and also shows that we have return flights booked to Australia (It really is our intention to return in November after we have been here for 1 year) really what's the harm?

Ideally, he's just going to have to make this job of his work and he can stay on the E3. We'd just like to know what our options are.

Again, thanks for your response, we really appreciate your advice

[peace999]

Yes, first extension of a B2 is easy and one does not need an attorney for that. But, as I understand his status is now changed to E3 and, in my opinion, getting it back to B2 for another 6 months will require handling by a good attorney.

On leaving US and entering quickly; of course they will see his B2 but they are sensitive to B2 being used for long stays and very quick revisits.
If he reenters 4-8 weeks later with a good reason, they may let him enter for a short stay which you do not want.

Success with any of the 2 options above depends on the officer's discretion.
Whereas staying on E3 with his job , there are no problems.

[tayereba]

OK, so that all makes perfect sense, thank you! We're making some head way with his job which is great so hopefully he'll manage to stay on the E3 visa! Our immigration lawyer advised my partner that when we apply for my extension of the B2 visa we should ask for it to be extended to come in-line with my partners E3 visa date (sometime in 2015). Everything i've read online has suggested that the maximum extension i can get is 6 months... He (the lawyer) has suggested that we file a Form I-134 (Affidavit of Support) along with the I-539 with a letter affirming that i am aware that i cannot work and explaining our situation. We are planning to marry in the coming weeks although i know this isn't going to help us legally it might just give weight to our argument.

Also, if anyone could tell me where to find my partners USCIS receipt number from his E3 application i'd really appreciate it (maybe the lawyer has it...). I've been googling for days now and can't seem to locate where i would find this information. I've checked emails and his passport but nothing resembles a 13 digit number beginning with 3 letters. Its driving me crazy.

Many thanks

Tayereba