B-2 Visa duration

Hello everybody!

I'm currently in the U.S. (Atlanta), staying with my fiancee for a few months and just taking a break from work and school, and was also using the opportunity to talk to people at grad schools in the area that I had applied to. Well, I was offered admission to a Ph.D. program at Georgia Tech starting in August (hooray!), but I know that I'm going to have to go home before then, as the B-2 Visa I'm currently in the U.S. on is only good for 6 months.

However, there seems to be some different interpretations of those "6 months". My understanding (and hope) is that it's 6 months total out of any given calendar year. So basically January 1st is a clean slate, and you can stay in the U.S. for up to 6 months if you were to come into the country on January 1st (until July 1st, I suppose). In my situation, I was actually in the United States on January 1st, on Vacation with my family in Florida. I came back to Canada on January 11th, just long enough to pack up some stuff and enter the U.S. on January 19th to come down to Atlanta. Does my 6 months start from when I entered on January 19th (which would make my required exit date July 19th)? Or do those additional 11 days count as well (making my exit date July 7th or 8th)? I was also in the U.S. for at least an accumlated 3 weeks in 2008. Does that contribute to my current 6 month Visa, or does it not matter because it was a different calendar year? And is that "6 months" as in 6 *calendar* months, or is it something like 180-182 days? Am I simply worrying about this too much, since CBP isn't really gonna know when I cross back into Canada anyhow?

The school should be taking care of the I-20 card for my F-1 Visa, from what I understand. Does that sound right? Is there anything that I'm going to have to do regarding that while I'm back in Canada for a couple of months before re-entering in August on my Visa?

Thanks in advance,

Tim

You will have to count the vacation in early Janauary toward your allowed 6 months. Total allowed is actually 180 days, which is "about" 6 months, and can sometimes catch people unawares when they don't count properly.

That's about what I figured. That should work out just fine. Thanks!

You don't actually have to leave, you can apply for change of status on I-539 but it's expensive, if you've been there 90 days already. Might be cheaper than physically returning though.

You don't actually have to leave, you can apply for change of status on I-539 but it's expensive, if you've been there 90 days already. Might be cheaper than physically returning though.

I know I could just apply for an extension, but then I'd have to pay to have my Visa changed to the student Visa I'll be getting when I start school (if I'm remembering things correctly). Plus, I'd been planning on going home for a month or two anyhow to work at my old job in Canada so I can make a bit of money before school starts. I just wanted to make sure that I'm okay staying until late June/early July without applying for any extensions or anything.

Not an extension, change of status from B-2 to F-1. An extension probably wouldn't be granted.

Not an extension, change of status from B-2 to F-1. An extension probably wouldn't be granted.

I don't think my F-1 is going to come into effect until mid-July (a month before school starts), so even if I did want to stay in the U.S. straight through, I don't think that would work.