Getting Close to Contract, please HELP!

[Danmar12 1]

Hi guys, Canadian here! My employer is doing terrible at responding to my questions and the contract is getting close, so I will ask you guys!

So a couple months ago I received a contract offer as a performer for this summer in the US. My employer filed a petition while I was in the US inland, instead of Outland. I informed them I would be going back to Canada before the contract started, they told me this was fine. They still would apply inland. So I came back to the US in May to get vaccinated and everything with my spouse. we got notice that the visa started being processed about a week before I came back. We were requested to provide one more document, which I did during my travels to the US. Now my employer informed me to tell them I was travelling to the US to visit, which is true. Because had I not been approved for my visa, I would just be visiting my spouse for 2 months (we are both performers, and he’s doing the same contract) and would not be working. I entered the US while my visa was processing and had no issues at the border, nor did they ask if I had any visas in process or anything. 

so my contract is supposed to start at the end of June and a couple days ago, my employer informed me that my case has been approved. I asked them yesterday what the next step is, and they said “I don’t know, we’re figuring it out”. I am very hands on and I don’t like this response. It’s getting close and I need to know if I need to do an interview or go somewhere to pick it up. I’ve asked them but they’ve gone MIA, probably because they are very busy getting everything ready. But I can’t find much info online for the process of a P1 visa for a Canadian inland. Do I have to request an adjustment of my status? Do I have to go do an interview? Am I going to run into trouble because I left and came back with a visitor visa? I have so many questions that my employers aren’t answering right now when I am supposed to be flying to them in less than a week. 

Does anyone have any insight into this process? Any help is greatly appreciated. Thanks!

[Coco8 1,042]

You'll probably have to get paperwork from them and then make an appointment in Canada, to get a visa stamp.

Edited June 15, 2021 by Coco8

[Danmar12 1]

2 minutes ago, Coco8 said:

You'll probably have to get paperwork from them and then make an appointment in Canada, to get a visa stamp.

The visa was filed inland though? Not Outland. He filed it as an adjustment of my status.

[Coco8 1,042]

5 minutes ago, Danmar12 said:

The visa was filed inland though? Not Outland. He filed it as an adjustment of my status.

Which visa did you use to get into the US? Just like, no visa and you where visiting with a Canadian passport? You can't adjust from that status. 

 

I don't understand the inland/outland terminology. Where you are when they apply doesn't matter. I think you might be confusing it with some process for Canadian visas. In the US, adjustment of status is when you are adjusting to a green card within the US. Then, you can go from one type of visa to another within the US, but I doubt that's what your job was doing for you. I don't think you are allowed to adjust for "coming to the US for a vaccine" to a P-1. 

Edited June 15, 2021 by Coco8

[Danmar12 1]

1 minute ago, Coco8 said:

Which visa did you use to get into the US? Just like, no visa and you where visiting with a Canadian passport? You can't adjust from that status. 

 

I don't understand the inland/outland terminology. Where you are when they apply doesn't matter. I think you might be confusing it with some process for Canadian visas. In the US, adjustment of status is when you are adjusting to a green card within the US. Then, you can go from one type of visa to another within the US, but I doubt that's what your job was doing for you. I don't think you are allowed to adjust for "coming to the US for a vaccine" to a P-1. 

It is what my job was doing for me............ it exists..... on my petition approval it literally mentions change of status. As much as my employer hasn’t done it this way before, we did talk about the process of getting me a visa inland and I was told that it is possible for adjustment of status from visitor to worker. I came as a visitor, in other words I have a B2 status... changing my status from B2 to P1. Where did the assumption of “coming to the US for a vaccine” come from??? I came to visit my spouse. I literally said it in my original post?

 

 

[Chancy 6,243]

23 minutes ago, Danmar12 said:

The visa was filed inland though? Not Outland. He filed it as an adjustment of my status.

 

A visa cannot be issued within the US.  There would be no point as a visa is for entering the US.  What your employer probably filed for you was an I-129 petition for a non-immigrant worker.  Maybe that petition was approved.

 

Even so, you cannot use an approved I-129 petition to adjust status in the US, but you may be able to use it to change to another non-immigrant status.  Correct terminology is important in US immigration, and "adjustment of status" and "change of status" mean different processes with very different legal implications.

 

You need to get accurate information from your employer.  I'm not sure if you can apply to change status from B2 to P1.  Your employer's immigration lawyer should know.  Did they file an I-539 application to change status on your behalf?

 

If not, you will need to apply for a P1 visa from a consulate in Canada.  Last I checked, none of the consulates in Canada are processing non-emergency non-immigrant visas.  So you need to clarify asap with your employer if you need to get a visa or if they already filed an I-539 for you.

 

Edited June 15, 2021 by Chancy

[Danmar12 1]

1 minute ago, Chancy said:

 

A visa cannot be issued within the US.  There would be no point as a visa is for entering the US.  What your employer probably filed for you was an I-129 petition for a non-immigrant worker.  Maybe that petition was approved.

 

Even so, you cannot use an approved I-129 petition to adjust status in the US, but you may be able to use it to change to another non-immigrant status.  Correct terminology is important in US immigration, and "adjustment of status" and "change of status" mean different processes with very different legal implications.

 

You need to get accurate information from your employer.  I'm not sure if you can apply to change status from B2 to P1.  Your employer's immigration lawyer should know.  Did they file an I-539 application to change status on your behalf?

 

If not, you will need to apply for a P1 visa from a consulate in Canada.  Last I checked, none of the consulates in Canada are processing non-emergency non-immigrant visas, so you need to clarify asap with your employer if you need to get a visa or if they already filed an I-539 for you.

 

Oh shoot, sorry. This is my first time working in the US so I am not familiar at all with terminology. So I guess we would be trying to change the status not adjust. 
 

i will say, in my approval notice, at the bottom I received a new I94 with new dates on it and with the status of P1 that I am supposed to carry with me. I’m not sure if that gives anymore info. 
 

okay thanks for your insight! My employer is trying to figure it out, just not in the timely manner I would like. So I just wanted to get more insight into what our options may be. 
 

thank you! 

[Chancy 6,243]

19 minutes ago, Danmar12 said:

in my approval notice, at the bottom I received a new I94 with new dates on it and with the status of P1 that I am supposed to carry with me.

 

Does it say on the top-right of your approval notice: "Application to Extend/Change Non-Immigrant Status"?  If so, then that's the approval for the I-539 application that your employer must have filed on your behalf, after their I-129 petition for you was approved.

 

To double-check, enter your passport details here -- https://i94.cbp.dhs.gov/I94/#/recent-search

 

Your online I-94 record should match what it says on your approval notice.  If your I-94 class of admission says "P1", you should be all set as a legal non-immigrant worker in the US.

 

[Danmar12 1]

1 minute ago, Chancy said:

 

Does it say on the top-right of your approval notice: "Application to Extend/Change Non-Immigrant Status"?  If so, then that's the approval for the I-539 application that your employer must have filed on your behalf, after their I-129 petition for you was approved.

 

To double-check, enter your passport details here -- https://i94.cbp.dhs.gov/I94/#/recent-search

 

Your online I-94 record should match what it says on your approval notice.  If your I-94 class of admission says "P1", you should be all set as a legal non-immigrant worker in the US.

 

No, it says “petition for non-immigrant visa” at the top. The I-129... so I guess I have to send in that additional form? I thought my i94 on the website wasn’t changed yet because the validity period isn’t for another 2 weeks?

[Just Paul 4,595]

12 minutes ago, Danmar12 said:

The I-129... so I guess I have to send in that additional form?

Nothing to send it.

 

[Danmar12 1]

21 minutes ago, Chancy said:

 

Does it say on the top-right of your approval notice: "Application to Extend/Change Non-Immigrant Status"?  If so, then that's the approval for the I-539 application that your employer must have filed on your behalf, after their I-129 petition for you was approved.

 

To double-check, enter your passport details here -- https://i94.cbp.dhs.gov/I94/#/recent-search

 

Your online I-94 record should match what it says on your approval notice.  If your I-94 class of admission says "P1", you should be all set as a legal non-immigrant worker in the US.

 

To add!! The document I received is an I-797A! On this website it mentions that this is what I get when my status has been changed, I think.. if I understand correctly.

 

https://www.immi-usa.com/i-797-form-notice-of-action/

 

do I not have to do do anything else?

[Chancy 6,243]

13 minutes ago, Danmar12 said:

No, it says “petition for non-immigrant visa” at the top. The I-129... so I guess I have to send in that additional form?

 

We don't see many P1 cases here, so I don't have more info on the process beyond what's on the USCIS site.  And their I-129 page says: "Evidence of a petition approval is not a visa and the beneficiary must possess the appropriate nonimmigrant visa, if one is required, before applying for admission into the United States." -- https://www.uscis.gov/i-129

 

But since you're already in the US, your employer really needs to confirm asap about the next steps required -- file I-539 in the US, or leave and apply for a P1 visa in Canada?

 

[Danmar12 1]

Just now, Chancy said:

 

We don't see many P1 cases here, so I don't have more info on the process beyond what's on the USCIS site.  And their I-129 page says: "Evidence of a petition approval is not a visa and the beneficiary must possess the appropriate nonimmigrant visa, if one is required, before applying for admission into the United States." -- https://www.uscis.gov/i-129

 

But since you're already in the US, your employer really needs to confirm asap about the next steps required -- file I-539 in the US, or leave and apply for a P1 visa in Canada?

 

I can see that and totally understand. I very much appreciate the guidance that has been given so far though, so thank you! 
 

But then it also states “if one is required, before applying for admission into the US” which seems like it applies to someone who is not already in the US. I’m thinking it doesn’t apply to me, but I could be VERY wrong. 

 

yeah, it really just comes down to my employer. Quite frustrated that they are leaving it to the last second to figure out what the process is in my case. I’m a control freak, which is why I’m trying to figure it out on my own haha! Oh well. Thank you for all your insight this far!

[Just Paul 4,595]

I know if you entered via a Visa Waiver Program you can not change your visa status from within the US.  Hopefully someone can clarify this for you.

 

[Danmar12 1]

1 minute ago, Paul & Mary said:

I know if you entered via a Visa Waiver Program you can not change your visa status from within the US.  Hopefully someone can clarify this for you.

 

I don’t think my employer applied under that program, at least I hope not. 
 

i hope so too. Thanks!