Applying new visitor visa before expiry of current visa

[swaraj]

My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
Thanks for your advice

[desi485]

I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.

[swaraj]

desi485, thanks for the tip.
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11

But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?

[spaceguy]

My friend has a multiple entry visitor visa for US which is valid till April 2009. However he has to visit in March 2009 and stay till around June 2009.
Can someone please tell if the immigration officer during port of entry will be able to grant him stay of the usual 6 months on current visa even though it is expiring?
Or if not, whether he can apply for new visitor visa stamping before expiry of the current one?
Thanks for your advice

As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever

[ameryki]

alright fresh from this incident. my mother had 10 yr tourist visa expiring in 3 months after her travel date. in the old days it was recommended that you have at least 6 month visa validity when entering US for immigration purposes. Following that guideline she applied for a new tourist visa of course referring the current one on passport. While during her interview they didn't ask her any questions and told her that its a go. Her application got stuck in security verification which triggered due to the fact that she already had a valid visa. Upon researching further I found out you are safe to travel even a day before your visa is expiring because once you enter the country your stay is based on I-94 validity and not your visa. Hope this helps.

[swaraj]

Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

[LostInGCProcess]

Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?

Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).

[minimalist]

Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).

IMHO, that's a big risk as you will never know if the IO just gives for a month, 2 months or 6 months.

There is the risk of getting stuck in security processing if you apply for another visa as shared by another member.

For your friend's case s/he needs to weigh these risks and see which one s/he can take.

[insbaby]

As far as I know no need of another visa. The expiry date given by the IO at port of entry over rides the earlier expiry date on visa. One of my friends parent got his visa for 6 months. If the IO gives less than 6 months he can apply for extension how ever

The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.

When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.

[Suva]

Don't give any suggestion on which you don't have any clear knowledge.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.

The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.

When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.