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EXTENSION OF STAY IN THE U.S.
Many individuals have difficulty understanding the difference between
the validity of a visa, which is a stamp placed in a national passport
or in a laisser-passer, and permission to remain in the United States.
This page is designed to clarify the difference between a visa and
extension of stay.
A visa is granted by the Department of State, either by the Visa
Office in Washington, D.C. or at one of our Consulates or Embassies
outside of the U.S. Permission to enter and/or remain in the United
States and extensions of stay in this country are granted by the
Department of Justice, United State Citizenship and Immigration
Services (USCIS).
Upon entering the United States, the USCIS Office at the port of
entry places in your passport or laisser-passer a small white card,
Form I-94. On this card the USCIS officer writes in either a date
or "D/S" (duration of status). The date on the Form I-94
is controlling. That is, if you have "duration of status"
you may remain in the U.S. as long as you are in the same job or
same category of job. If you have a date on your Form-94, you should
apply for your extension of stay with USCIS prior to its expiry.
The Department of State has no authority to extend your stay or
change the information/date on the Form I-94.
A visa is used solely to make application to USCIS to re-enter the
U.S. after being outside of this country. That is, a visa is used
only to cross borders and has nothing to do with the length of your
stay in the U.S.
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