Tenormezzo

I have just received a P1 visa for a concert I am giving in NYC on Jan
18th, arriving in the USA Jan 16th. In my application I said I wanted to
stay a total of 16 days in order to holiday for the extra 14 days after
I am finished working. At the London consulate the official said "it
shouldn't be a problem under the visa waiver program". My visa is dated
until Jan 27th, the date on the I129 Petition, but I am booked to fly
home on Feb 1st. How can I get "visa waiver" for the extra four days not
covered by my P1 without leaving the country and re-entering?

Anyone know? Or do I simply ask to have my 1-94 dated for Feb 1st? I am
not confident that someone at the BCIS will do that if my P1 doesn't
cover me for the extra four days.

Probably worrying too much, but I intend to travel and work in the US
several more times this year and don't want to fall foul.

Thanks in anticipation.

Chris

Supernav

The POE officer will just make the i-94 as long as you are legally
required. I doubt he'll try to be a moron and cut you off by 4 days.
Like it would make a huge difference. They're pretty easy on performers
with legitimate gigs.



-= nav =-

Tenormezzo

Originally posted by supernav

    > The POE officer will just make the i-94 as long as you are legally
    > required. I doubt he'll try to be a moron and cut you off by 4 days.
    > Like it would make a huge difference. They're pretty easy on
    > performers with legitimate gigs.


    > -= nav =-



Great. Thanks very much for the info, which I couldn't find on any of
the US official sites.

Ingo Pakleppa - See Web Site For Email

The information about the visa waiver was nonsense. The visa waiver only
has to do with entering the USA, not with what happens when you already
are in the US (in this case, having entered with your P-1). But since the
primary purpose is clearly the concert, and the vacations are just
incidental to that, you should be fine.

I agree with supernav; you will likely get admitted for the full two
weeks, no question asked. It doesn't matter that the visa expires earlier,
that date merely controls when you may enter the USA. So even if your
concert was on the 28th, your visa would still be OK. Your guess is
exactly right, just ask for the I-94 until Feb 1st.

On Wed, 31 Dec 2003 11:59:42 +0000, tenormezzo wrote:


    > I have just received a P1 visa for a concert I am giving in NYC on Jan
    > 18th, arriving in the USA Jan 16th. In my application I said I wanted to
    > stay a total of 16 days in order to holiday for the extra 14 days after
    > I am finished working. At the London consulate the official said "it
    > shouldn't be a problem under the visa waiver program". My visa is dated
    > until Jan 27th, the date on the I129 Petition, but I am booked to fly
    > home on Feb 1st. How can I get "visa waiver" for the extra four days not
    > covered by my P1 without leaving the country and re-entering?
    >
    > Anyone know? Or do I simply ask to have my 1-94 dated for Feb 1st? I am
    > not confident that someone at the BCIS will do that if my P1 doesn't
    > cover me for the extra four days.
    >
    > Probably worrying too much, but I intend to travel and work in the US
    > several more times this year and don't want to fall foul.
    >
    > Thanks in anticipation.
    >
    > Chris

Tenormezzo

Thanks for your reply. I have since been advised, on arrival, to quote
the US embassy in London that "I am entitled to stay an extra ten days
after my visa expires."



I thought too that the original advice about visa waiver didn't make
any sense.



Thanks.



Originally posted by Ingo Pakleppa - See Web Site For
Email

    > The information about the visa waiver was nonsense. The visa
    > waiver only

    > has to do with entering the USA, not with what happens when you
    > already

    > are in the US (in this case, having entered with your P-1). But
    > since the

    > primary purpose is clearly the concert, and the vacations are just

    > incidental to that, you should be fine.


    > I agree with supernav; you will likely get admitted for the full two

    > weeks, no question asked. It doesn't matter that the visa expires
    > earlier,

    > that date merely controls when you may enter the USA. So even if your

    > concert was on the 28th, your visa would still be OK. Your guess is

    > exactly right, just ask for the I-94 until Feb 1st.


    > On Wed, 31 Dec 2003 11:59:42 +0000, tenormezzo wrote:



    > > I have just received a P1 visa for a concert I am giving in NYC
    > on Jan

    > > 18th, arriving in the USA Jan 16th. In my application I said I
    > wanted to

    > > stay a total of 16 days in order to holiday for the extra 14
    > days after

    > > I am finished working. At the London consulate the official
    > said "it

    > > shouldn't be a problem under the visa waiver program". My visa
    > is dated

    > > until Jan 27th, the date on the I129 Petition, but I am booked
    > to fly

    > > home on Feb 1st. How can I get "visa waiver" for the extra four
    > days not

    > > covered by my P1 without leaving the country and re-
    > entering?

    > >

    > > Anyone know? Or do I simply ask to have my 1-94 dated for Feb
    > 1st? I am

    > > not confident that someone at the BCIS will do that if my P1
    > doesn't

    > > cover me for the extra four days.

    > >

    > > Probably worrying too much, but I intend to travel and work in
    > the US

    > > several more times this year and don't want to fall foul.

    > >

    > > Thanks in anticipation.

    > >

    > > Chris


    > --

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    > encourage

    > everybody to seek competent legal counsel rather than relying
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    > newsgroups.


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Comments are welcome.

J. J. Farrell

"tenormezzo" <member19348@british_expats.com> wrote in message
news:...
    > Thanks for your reply. I have since been advised, on arrival, to quote
    > the US embassy in London that "I am entitled to stay an extra ten days
    > after my visa expires."

I would not word it like that if I were you. You are entitled to
whatever the officer at the Port of Entry chooses to give you,
nothing more and nothing less. The Embassy's opinion is irrelevant.
If you have a valid visa, you are not 'entitled' to enter the USA
- it is still the Inspector that makes the decision. If you get an
unpleasant Inspector and start telling him what you are 'entitled'
to, he might choose to be less helpful than he could be ...

There is (or was) a general rule that for some types of visa and
petition you can be admitted until 10 days beyond the validity of
the petition. I don't know if this applies to your visa, and in
any case I have never seen it actually done even for visas to which
it does apply.

I would word it more along the lines of "I'm giving a concert on
such a date, then I plan to vacation in such a place for a few days
afterwards. I have a return ticket for such a date, and the guys at
the US Embassy in London said this would be fine."

Tenormezzo

Originally posted by J. J. Farrell

    > "tenormezzo" <member19348@british_expats.com> wrote in message

    > news:"]news:1159485.1073647-
    > [/url]...

    > > Thanks for your reply. I have since been advised, on arrival, to
    > quote

    > > the US embassy in London that "I am entitled to stay an extra
    > ten days

    > > after my visa expires."


    > I would not word it like that if I were you. You are entitled to

    > whatever the officer at the Port of Entry chooses to give you,

    > nothing more and nothing less. The Embassy's opinion is irrelevant.

    > If you have a valid visa, you are not 'entitled' to enter the USA

    > - it is still the Inspector that makes the decision. If you get an

    > unpleasant Inspector and start telling him what you are 'entitled'

    > to, he might choose to be less helpful than he could be ...


    > There is (or was) a general rule that for some types of visa and

    > petition you can be admitted until 10 days beyond the validity of

    > the petition. I don't know if this applies to your visa, and in

    > any case I have never seen it actually done even for visas to which

    > it does apply.


    > I would word it more along the lines of "I'm giving a concert on

    > such a date, then I plan to vacation in such a place for a few days

    > afterwards. I have a return ticket for such a date, and the guys at

    > the US Embassy in London said this would be fine."



Good point! Thank you.