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Unanswered6 years ago

Is my Non-Imm B visa still valid if I missed my 90-day exit due to COVID-19 and went on Amnesty?

Christopher ******
asked Oct 23, 2020
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I've asked a similar question before but my lawyer (via work permit contact) keeps telling me something I think is not true but I keep hearing it so I want to ask. My non-imm B is valid until March 2021, it was issued in Penang and I was due to leave every 90 days. That hasn't been an issue since 2007 but due to covid my June 10th stamp/departure was missed, I went on Amnesty and left Thailand on September 25th. Now they tell me they will renew my work permit due to expire mid November but only for 6 months.

Here's the question: they keep telling me my non-imm b visa is no longer valid and I will need to get a new one before coming back to Thailand. That doesn't make sense to me but they keep repeating that I missed the 90 days exit (forget the fact I was in Phuket which was sealed off) so it's not good anymore. I know amnesty only applied to overstay fines (unfortunately not work permit holders stamps) yet I have this suspicion if I try to get a different visa before March 2021 they will tell me my visa is still valid and either not give me one if I ask for a Non-Imm B in USA (they've done that to me in the past when there was 6 weeks remaining on visa) or say I need to cancel it before a Non-O/OA or Elite visa (though they will do the cancelation for me). So what do you think, is my Non-Imm B still valid if I pay to renew the work permit and then try to get the COE etc etc to return in January? Thank you!
Summary so far
The user seeks clarification on the validity of their Non-Imm B visa after failing to leave Thailand as required due to COVID-19 and subsequently utilizing the amnesty program. They were told by their lawyer that the visa is no longer valid due to missing the 90-day exit, prompting doubts about the accuracy of this claim. The discussion includes opinions on visa renewal, the implications of amnesty, and suggestions to consult the Thai embassy for definitive guidance.
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Rob ******
Rob ******
If you overstayed your entry and went on to amnesty, your company's HR lawyer is correct. If you had done an extension and not gone on to amnesty, you would have been correct. But you were either unable to qualify or just didn't. So the remaining time on your non-b is no longer valid

But, rather than asking us, call the LA or NY consulates and ask yourself as they'll know better and you're more likely to trust their answer if it's not what you want to hear.
Christopher ******
Christopher ******
OP
Cool, thanks, just trying to triangulate responses to the problem - since 2007 no issues but one gap when Phuket shut down due to Covid and amnesty not covering work permit issues -- looks like I will just close my company and use the savings from paying company taxes and payroll taxes on a different kind of visa, probably just the elite visa. Still, your comment of "rather than asking us" = I guess you don't agree with having a group to ask Thai visa questions and wonder why you are a member?
Steve *******
Steve *******
Your Non Imm B is valid untill the date it expires, ie March 2021.
Kool *******
Kool *******
What exactly do you want to do, and were you working before, and filing Thai income tax forms? The best thing to do is contact the Thai embassy. They will tell you exactly what you can, and can't do. You might simply need a letter from your employer stating that you still have a job in Thailand.

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