Frequently Asked Questions - O-1 Visa

O-1B Extension and Authorized Period of Stay
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?

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

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

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
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.

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

Australian Musician to perform in US
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?

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
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.

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

Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
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
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 - 1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application? 2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?

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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