Please advice regarding re-entry

[sangeethad]

Hello immihelp,

My brother has a 10yr multiple entry B1/B2 visa and stayed in the US for 4months during hsi initial visit. His I-94 was for 6 months. He left at the end of April. Now, can he re-enter at the end of May? Is this advisable? Will he face any problems at the port or entry? Or entering in the beginning of July advisable?

Please help!

Thanks in advance!

[peace]

In view of his long stay during the last visit, he should give it at least 6 months from his last departure, before re-entering.
May/july entry is too quick and can result in visa cancelation (unless he has very strong non-frivolous reasons to reenter.)

[sangeethad]

Thank you peace for your quick response!

Can you please provide some examples of "strong non-frivolous reasons to reenter" ?

Thanks!

[peace]

*Death in the family.
*Serious medical illness.
*A crucial job interview.

One must be able to document the reason.
And the stay requested has to match the reason.
You cannot say you have come for a job interview and you will be staying 4 months.

I'd strongly advise your bro not to **** any reason , because the border agents are shrewd and if he is sent to secondary inspection, he will be grilled for a second interview with senior border agents , who can be difficult, and can cancel the visa on a simple whim. Secondary inspection also interviews suspected criminals, terrorists etc and may not a pleasant experience as reported by several posters.

[sangeethad]

Thank you, peace.

Please advice if this is a valid reason:
He works for the Merchant Navy and so had to go back to take promotion exams with his company. He is coming back to visit places in the east coast as he did not visit these during his previous visit. Since it is summer, this is the best time to tour places in the east coast.

Thanks again!

[sangeethad]

Also, regarding the job interview, is it valid to come on visitor visa and say that he has come for a job interview? That raises other questions like, after he gets the job, how will he work in the US? Does he have H1? or applied for H1? and may ask proof for that, isnt it?

Please advice.

[peace]

Visiting places is a casual reason, not an emergent reason. does not matter if he had company assignments the last time. He should not use this reason.
WHY DOES HE WANT TO RISK HIS 10 YR VISA?

B1/B2 visa is the visa for job interviews. You are supposed to go back after interviews and then apply for an H-1 or other work visa.

[C4us]

I interpreted the OP's remarks to mean that his brother had to return home to take an exam and now wishes to return to complete his vacation.

I'm afraid I agree that it would be best if he returned at a future data. With his career, he may be on a shore leave and not be able to do so once he returns to sea duty. If he has limited opportunities to take a vacation due to his career, it might be a reasonable request to return before returning to sea duty.

[sangeethad]

ok thank you peace.

For the job interview, what kind of documentation is needed to support that and for how long is it advisable for him to stay as we can get the return ticket accordingly and present this at the port of entry if asked.

[sangeethad]

Hello c4us,

>>I interpreted the OP's remarks to mean that his brother had to return home to take an exam and now wishes to return to complete his vacation.

[FONT="Arial"]What is OP?[/FONT]

>>I'm afraid I agree that it would be best if he returned at a future data. With his career, he may be on a shore leave and not be able to do so once he returns to sea duty. If he has limited opportunities to take a vacation due to his career, it might be a reasonable request to return before returning to sea duty.

how do we support that he has limited opportunities to take vacation due to his career and return before returning to sea duty?

Please advice! thank you for your help!

[C4us]

OP = Original poster

Does he have a contract with his employer? What does he have to show his past sea time? Does his employer have published duty schedules? What are his upcoming obligations?

I am not familiar with employment practices in the industry other than to know that seamen are gone for extended periods.

Also, was his exam for advancement or continuing certification so that he can document the need to shorten his original visit for the exam?

[sangeethad]

Does he have a contract with his employer?
His contract is based on every voyage he goes usually 6-9 months.

What does he have to show his past sea time?
Sorry, didnt get your question. Can you please rephrase?
Does his employer have published duty schedules?
Not really

What are his upcoming obligations?
His upcoming assignments are based on when there is requirement in the vessel.

Also, was his exam for advancement or continuing certification so that he can document the need to shorten his original visit for the exam?
His exam was for a course to help in his promotion. How can he document this? Please advice.

[C4us]

Does he have a contract with his employer?
His contract is based on every voyage he goes usually 6-9 months.

Given that time interval, he is likely not be be seen as having limited visitation options. I was expecting commitments of several years with an unpredictable schedule.

What does he have to show his past sea time?
Sorry, didnt get your question. Can you please rephrase?
Does his employer have published duty schedules?
Not really

No help.

What are his upcoming obligations?
His upcoming assignments are based on when there is requirement in the vessel.

Again, no help.

Also, was his exam for advancement or continuing certification so that he can document the need to shorten his original visit for the exam?
His exam was for a course to help in his promotion. How can he document this? Please advice.

A notorized letter from his employer or the testing agency.

While he could reapply for admission and might get a short stay especially with the additional documents to support his reason for returning home mid visit, it would not be a significant problem for him to delay his next trip until after another sea tour given that his sea commitments are relatively short at 6-9 months.

I would think that the amount of time he might receive does not justify the expense at this time.