Non-Imm B (no WP) to Extension/Retirement

[mtls2005]

Non-Imm B (no WP) to Extension/Retirement

I have a one year, multiple-entry Non-Immigrant B visa, for purposes of investigating local investment opportunities, based on a letter from a recognized legal firm here in Thailand. The visa was issued by an Honorary Consul in the U.S. I am stamped in until Sep. 28, 2014.

I wanted to “convert” to an Extension of Stay, based on retirement; I used an Affidavit from the Embassy. At Immigration yesterday, my “conversion” was approved by the initial officer (fee paid, all stamps), but her supervisor rescinded the application upon review, stating that I cannot “convert” from a Non-Imm B to an Extension of Stay based on retirement. I was informed that I need to get a Non-O from a Consul/Embassy.

Did I misunderstand this process?

What are my options?

Can I leave/re-enter on a 30-day Exemption, convert to a Non-O, then convert to an Extension of Stay based on retirement?

[ubonjoe]

You don't do a conversion when you already have a non immigrant visa.

You just apply for an extension of stay based upon retirement. A non immigrant visa of any type is all you need to do it.

What form did you fill out?

What immigration office were you at?

[mtls2005]

I applied for an Extension of Stay based on Retirement. I used form TM.7. ( I clearly stated I had a Non-Imm B visa on the TM.7, "kind of visa").

I had all the required documentation, my application was accepted, I paid 1,900 baht. My passport was stamped, I received an Extension of Stay until Sep. 28, 2015, with a next report date of Dec. 4, 2014 I was then passed on to a supervisor, which appeared to be SOP, who while much younger had more stripes on her epaulets indicating a higher rank, who rejected my application, returned my fee, and wrote "void" through my extension stamp. I think she was mistaken or confused, but clearly I did not see it as appropriate for me to challenge her. She said I needed a letter from my "employer" or "sponsor", not sure what it should say, even though I clearly stated that I was not employed, nor working.

I went to Chaeng Watthana.

(Sorry for using the words "convert" and "conversion" in error.)

Edited September 8, 2014 by mtls2005

[ubonjoe]

You should go back and try again. There is no reason for them to deny your extension.

[mtls2005]

I am not sure how to address/overcome her objections/understanding of the situation.

[ubonjoe]

I think she got your non-b visa entry confused with an extension for working. For that you would need a letter from your employer to cancel the extension.

I would try again and hope to get a different officer doing the approval. And would certainly try to take it to higher level if denied.

[mtls2005]

Unfortunately they retained my paperwork stack, including my original Affidavit of Income, at that same desk area (L38, I think), so I am pretty sure I'd have to deal with the same supervisor. I'm not certain how to push the issue to a higher up without making problems for both the supervisor and myself.

Based on what I've read I am fairly certain this supervisor is confused, but I'm not clear on how to successfully address her issue(s)?

Thank you for responding.

[Mario2008]

You can calll the immigraiton hotline 1178 and ask for information. If need be they will contact the officer in question and instruct her on ow to handle the case.

[mtls2005]

1178 was a bit of a black-hole, no apparent contact points.

0-2141-9889 (Immigraiton Div. 1 main number) was a similar black-hole.

[mtls2005]

I am still at an impasse with Bangkok Immigration re: my Extension of Stay based on Retirement., and am looking for some advice/guidance.

Right now my application “has not been rejected”, my 1,900 baht fee was returned and my Extension stamp has two red lines and the word “Void” written on it.

Second and third level Officers say I need to provide “documents” as to why I have a Non-Immigrant B visa, but they seem unwilling to share any details on what those documents are, or what information they should contain. There does seem to be some confusion on their side as at one point the second line Officer stated that “the regulations changed on 29 August and now you cannot use a Non-Imm B for an Extension of Stay, only a Non-O”, but that was subsequently negated by the third-line Officer as my application is still being considered.

Can I recover this current application process?

If not, is there a formal process for rescinding it?

And if not, can I leave it as is, depart, re-enter on a 30 Exemption, convert to a 90 day Non-O (Retirement) and then apply for an Extension of Stay (1 year/Retirement)?

Does having this “voided” Extension of Stay in my passport present additional challenges re: future applications?

[ubonjoe]

I suggest you contact the law firm that you paid to get the documents for the visa to see if they can give you something. Do you have a copy of the documents that gave you to get the visa.

There were not changes on the 29th of August. The immigration order still states you only need a non immigrant visa to get the extension.

You can go back and get you documents back.. The canceled extension application will not have any effect on future applications.

You can go out an get a visa exempt and the apply for a 90 day non immigrant visa entry within 15 days of the 30 day entry. You will need to show proof of your income which can be the income affidavit you have already (if you get it back from Immigration). You will need to make 2 trips to immigration to get the visa/entry stamps done. Then after about 45 days you would go back again with a new income affidavit and apply for the extension.

Rather than just going out for a 30 day entry I suggest you go out to a nearby embassy or consulate for a single entry non-o visa. Just attache a copy of the income affidavit to the application and show the original if asked for. Then 45 days from when you enter the country you could go back and apply for the extension using the income affidavit you have now.

[Mario2008]

Per above it might be easier to just get a non-O visa in a neighbouring country.

What they request to see is probably the reason why you got the non-B visa, as they think it is strange you don't have a WP. (Which would be normal for business travelers. Some have a 2 year multiple non-B and you can't get an extension based on that).

[mtls2005]

I already have a trip planned back to the U.S. to coincide with my current visa, so coming back in on a 30 exemption is relatively simple.

ubonjoe and Mario2008, thank you.

[ubonjoe]

I already have a trip planned back to the U.S. to coincide with my current visa, so coming back in on a 30 exemption is relatively simple.

ubonjoe and Mario2008, thank you.

You could get a single entry non-o from one of the honorary consulates while you are in the states.

Contact info here: www.thaiembdc.org/dcdp/?q=consulate_honorary

[mtls2005]

"You could get a single entry non-o from one of the honorary consulates while you are in the states."

I am under the impression that a single-entry, 90 day, Non-Immigrant O visa requires that you be visiting a Thai spouse or family member.

I am not married to a Thai, nor do I have any Thai dependents.

Is there a link to any details/forms/documents required for this category of visa?

Actually this might potentially be very easy as I have met the Thai Honorary Consul in my home city several times.

Thank you.

[Mario2008]

A non-O is given for various reasons. One of them is for being over 50 years old.

[ubonjoe]

You can get one for being 50 years old or ove at an honorary consulate with nothing more than your passport, application form and the $80 fee.

Non-o visas can issued for many reasons other than being married to a Thai or having a Thai family member.

[mtls2005]

OK, thanks.