US Visa Type R Class B1 question from Mexican national in USA

[jgeltme]

I am a Mexican national with a USA Visa, Visa Type R, Class B1, "Personal or Domestic Employee of U.S. Citizen". My visa was issued by the US Embassy in Mexico City on October, 2016 and expires October, 2017. I entered the USA in June, 2017 and received a stamp by the USA immigration officer in San Francisco, California, saying December, 2017, exactly six months from my entry date into the USA. I have two questions:

1. Am I allowed to stay until December, 2017, or do I have to return to Mexico before my visa expires October, 2017?

2. Because I am in the United Sates now, may I apply for a new or renew my existing USA visa in the United Sates? Can I go to the Mexican Embassy in San Francisco to apply for the USA visa?

Thank you in advance for your time and consideration.

[scientist2016]

1) A visa is merely for entering in to the US. So its expiry has got nothing to do with your stay in the US. The I94 is what matters for stay. So you can stay until December.

2) Visa issuance/renewals are done only by embassies, so you cannot do it from within the US. Mexican embassy has no say in issuance of US visas, as is to be expected. Why would a sovereign nation give visas to enter another sovereign nation (unless both are part of a treaty like the EU schengen zone)?

[jgeltme]

Thank you

Thank you. Your answer is very clear, and I know it is not legal advice. From my further research, I can corroborate what you're saying. I was just looking for a way to renew without having to return to Mexico before Dec, 2017. I also don't know what the implications are if I let my current visa expire in October, 2017 and leave the US per my I94, which is Dec, 2017, then apply for another visa in 2018. Don't know if I should just let my Oct 2017 deadline visa expire and run its course, or if I should contact somebody.

1) A visa is merely for entering in to the US. So its expiry has got nothing to do with your stay in the US. The I94 is what matters for stay. So you can stay until December.

2) Visa issuance/renewals are done only by embassies, so you cannot do it from within the US. Mexican embassy has no say in issuance of US visas, as is to be expected. Why would a sovereign nation give visas to enter another sovereign nation (unless both are part of a treaty like the EU schengen zone)?

[scientist2016]

Thank you. Your answer is very clear, and I know it is not legal advice. From my further research, I can corroborate what you're saying. I was just looking for a way to renew without having to return to Mexico before Dec, 2017. I also don't know what the implications are if I let my current visa expire in October, 2017 and leave the US per my I94, which is Dec, 2017, then apply for another visa in 2018. Don't know if I should just let my Oct 2017 deadline visa expire and run its course, or if I should contact somebody.

Your visa is only for entry purposes. Beyond that it does not confer any legal status. So, you cannot enter the US after Oct, since your visa expired. But once entered, you can stay as long as the I94 says you are allowed to stay. So there are no ramifications to staying in the US until December. This has no bearing on your subsequent visa applications.