O-1 Visa

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

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

Detailed question:

I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years. I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br> 1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br> 2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

Answer:

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

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

FAQ Transcription

There really is no statute law that specifically prohibits such an entry. Well maybe there is something that says you must have nonimmigrant intent but the question is can they do it. Theoretically  yes they can enter on a b visa while the green card is pending especially when something is pending for 13-14 years they maybe allowed an entry but they can be disallowed an entry at any point of time. So there is no guarantee that the B-1/B-2 option either the renewal of the visa or entry at the airport will be permitted on a indefinite basis. You could be stopped any time.  However H visa, L visa, E visa and O visa are some of the visas that are not subject to the problem of green card pendency. These visas can be utilized. Also remember a green card can be filed through several different categories at the same time. So if your sibling qualifies for other categories they can apply under all the categories available for them. So H-1 visa is no problem b but B-1/B-2 no guarantee.

Add new comment

O-1B Extension and Authorized Period of Stay

Detailed question:

I have been in the US for six years. First O-1B expired on Feb15, sent in application for the 2nd O-1B already in December. The itinerary wasn't sufficient, response due by April 26th, ready to send in the completed itinerary plus additional letters of intended employment. My household is in New York. I am still here. Am I illegal now? Is there a grace period?

Answer:

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 authorized period of stay.

Add new comment

Changing from J-1 to O-1

Detailed question:

Can I change from J-1 to O-1 without meeting the home residency requirement or getting a waiver?

Answer:

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.

Add new comment

O Visa Applicant Applying for Green Card

Detailed question:

I have an O-1 visa. Can I apply for a Green Card?

Answer:

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.

Add new comment

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

Detailed question:

I am the spouse of an O-1 visa holder and we live in the US (so I am on an O-3). His company is putting together the application for his green card, but do they need to do a separate one for me too? Or do I get one automatically if he gets one? Or do I have to wait until he gets one and then he applies for one for me? And what about our children - too young to work yet, but want to make sure they are ok too.

Answer:

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.

Add new comment

O-1 renewal

Detailed question:

I would like to know the travel restrictions to renew O-1 visa within the US. I heard that it is better to go back to your citizenship country to renew it in order to get the same visa as I have now where I can travel with no restrictions.

Answer:

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

Add new comment

Australian Musician to perform in US

Detailed question:

An Australian Musician that is wanting to come to US for a few weeks to travel and play at approx 15-20 venues across the US. I am willing to sponsor him via my DJ entertainment service, and he will be paid for the shows. He is a professional musician in his country, has been for 15 yrs. Which visa would be required in this case?

Answer:

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


An "O-1" Visa is for an individual artist of International Renown - well known outside their home country. A "P-1" is for a performing group that meets the same standard.


"P-2" Visas are issued on reciprocal basis between countries. You may want to contact the US consulate to see if they have programs for Australia.


"P-3" Visas are for groups that are Culturally Unique - for instance, folk musicicians.

Add new comment

Renewing O-1 visa

Detailed question:

My husband used to have visa O for 2 or 3 years, and we decide to come back to Mexico in 2001, now we want to come back to USA, could you renovate this visa or is easy apply for new different visa? He has a BA in Spanish Literature and I have BA in psychology, we have one eighteen and one 15 years old sons and 1 year old baby girl, and we live in Canada right now.

Answer:

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

Add new comment