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In most countries, you need a single document called VISA to enter the country and to stay in the country.
In US, the two functions are separated:
VISA is a document that lets you enter the country. The validity of visa is the time frame during which you are allowed to enter US. Technically, you can enter US on the expiration day of your visa.
I-94 regulates your STATUS while in US. When you enter US, you receive an immigration status, based on the visa you use to enter. You status is shown on your I-94, and the allowed stay is until the expiration date of your status ("valid until" date on your I-94), and not the expiration of your visa.
You can change your status within US, by filing appropriate form with INS. You will receive a new I-94 with a new "valid until" date. You don't need to change your visa at that time.
When you levae US, you lose your status. You don't have any immigration status while outside US. When you re-enter US, you get new status, based on the visa you use to re-enter.
Example: Mr. X applies for tourist visa (B2) at a US consulate. Visa is valid for 10 years.
Each time he visits US, he gets a I-94 with the validity of 3 months.
3 years later, Mr. X is vacationing in US again, and he decides he wants to study in US.
He changes his status to F1 (student) while in US. He starts attending classes. His old I-94 expires 3 months after entering US, but that doesn't matter, since his new I-94 lets him stay longer.
After a year he decides to go home during summer vacation.
He wants to go back to US and resume going to school.
He still has a valid B2 visa (se above, valid for 10 years), but he shouldn't use it. If he uses B2 visa, he enters in B2 status, which doesn't allow him to be a full-time student. He would have to change status again -- and that would be visa frau: entering US with B2 visa, while having plans consistent with F1.
He has to apply for a new visa: F1.
When he re-enters US with F1 visa, he resumes his F1 status. He receives a new I-94 with a new expiration date. |
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