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If you enter the US on a B2 business visitor visa, after being in the country for 60 days you can petition in writing for an Adjustment of Status to change your

If you enter the US on a B2 business visitor visa, after being in the country for 60 days you can petition in writing for an Adjustment of Status to change your visa to another type. You can remain in the US under the terms of the B2 until you get a reply to your petition, even if it is after the 90 day expiration of the B2. Note that the above is true for canadians. Ymmv for other nationalities.

dotBen 16y ago
I don't think this is correct. NEVER stay in the US longer than the duration of your visa on your i94 under ANY circumstances. Even if it's day 89 and the airport is closed for bad weather you must drive to the border (or whatever) to leave otherwise next time you come back into the country it will be picked up and you can get deported + bared from entering US. PLEASE get legal advice if this is your situation. (source: I'm a foreign national working in US on a visa, having spent a lot of time + money with my visa lawyer on this issue. I also have a startup investor friend who went over his visa duration and is barred from entering the US again.)
- suthakamal 16y ago
  If you overstay your visa, then you're absolutely right, you're in for a world of trouble. However, ONCE you have entered the US on a B2, you can file an I-539 to permit you to extend your stay and apply to change your status to another class of visa. As it happens, this is precisely the process I've gone through to go from B2 -> TN-1. That said: Ben's right that you should seek legal counsel from an immigration attorney on all things related to the visa process.
  - dotBen 16y ago
    So I have a TN (as it happens). If you are looking to get a TN as a Canadian citizen (rather than Mexican, different rules apply for them) you can actually apply for a TN at any airport (not just via Canada). This is a little known fact. The advice given to me was just to take a trip somewhere and come back into the country to get the TN rather than apply for an AoS with the DHS (which can take ages to process - they are not really incentivized to process it with a short turnover). I got my most recent TN at SFO in secondary checking, it was trivial (assuming you qualify + your paperwork is in order, etc).

dotBen 16y ago

I don't think this is correct. NEVER stay in the US longer than the duration of your visa on your i94 under ANY circumstances. Even if it's day 89 and the airport is closed for bad weather you must drive to the border (or whatever) to leave otherwise next time you come back into the country it will be picked up and you can get deported + bared from entering US. PLEASE get legal advice if this is your situation. (source: I'm a foreign national working in US on a visa, having spent a lot of time + money with my visa lawyer on this issue. I also have a startup investor friend who went over his visa duration and is barred from entering the US again.)

suthakamal 16y ago
If you overstay your visa, then you're absolutely right, you're in for a world of trouble. However, ONCE you have entered the US on a B2, you can file an I-539 to permit you to extend your stay and apply to change your status to another class of visa. As it happens, this is precisely the process I've gone through to go from B2 -> TN-1. That said: Ben's right that you should seek legal counsel from an immigration attorney on all things related to the visa process.
- dotBen 16y ago
  So I have a TN (as it happens). If you are looking to get a TN as a Canadian citizen (rather than Mexican, different rules apply for them) you can actually apply for a TN at any airport (not just via Canada). This is a little known fact. The advice given to me was just to take a trip somewhere and come back into the country to get the TN rather than apply for an AoS with the DHS (which can take ages to process - they are not really incentivized to process it with a short turnover). I got my most recent TN at SFO in secondary checking, it was trivial (assuming you qualify + your paperwork is in order, etc).