Frequently Asked Questions - O-1 Visa

O-1B Extension and Authorized Period of Stay

As long as you had filed your extension application before expiration of the current status, you are not illegal as long as the case is pending. You are in

Changing from J-1 to O-1

You can apply for the O-1 category and, upon receipt of the approval notice, you will be required to obtain the O-1 Visa at a U.S. consulate abroad.

O Visa Applicant Applying for Green Card

You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.

Spouse of an O-1 - next step to Green Card

The way it works is that the company can file everyone's AOS (Form I-485) together OR they can first get your husband's I-140 approval and leave you to file the last step (AOS) for the family.

O-1 renewal

You should be able to get an O-1 visa stamping in any country.

Australian Musician to perform in US

A "B" visa is appropriate if the artist will not be paid in USA, other than for travel and incidental expense.

Renewing O-1 visa

You will need to have the employer apply for a new O-1 petition with USCIS.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Enter USA while Green Card is Pending on B-1, B-2/H-1 Visa

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

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