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Danmar12

Getting Close to Contract, please HELP!

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2 minutes 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.

 

OP is Canadian, so he must have entered on B2 status and can change to another non-immigrant status.

 

The question is whether he can change to P1 status specifically.  I don't see it in the I-539 instructions.  What's strange is that it mentions change of status (CoS) for dependents of P non-immigrant worker, but not CoS for the P worker -- https://www.uscis.gov/sites/default/files/document/forms/i-539instr.pdf

 

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1 minute ago, Chancy said:

 

OP is Canadian, so he must have entered on B2 status and can change to another non-immigrant status.

 

The question is whether he can change to P1 status specifically.  I don't see it in the I-539 instructions.  What's strange is that it mentions change of status (CoS) for dependents of P non-immigrant worker, but not CoS for the P worker -- https://www.uscis.gov/sites/default/files/document/forms/i-539instr.pdf

 

So bizarre..... when I figure it out, I’ll provide an update for if anyone else ever ends up going through the same mess that I am! 

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39 minutes ago, Danmar12 said:

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. 

 

It's true that you don't need a visa to enter as you're already in the US.  Also, you're Canadian -- you don't usually need a non-immigrant visa.  The problem is that your B2 status does not allow you to work.  As far as I know, an approved I-129 is not enough to change your status.  Most people need an approved I-539 or re-admission with the appropriate visa.

 

Speaking of your Canadian privileges, there might be another possibility in your case -- go to the border and re-apply for admission as a P1 worker using your I-129 approval notice.  While waiting for an update from your employer, I suggest contacting CBP to ask if this is an option for you.  You can try asking the US consulates in Canada too, but CBP is usually more responsive -- https://www.cbp.gov/contact

 

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Just now, Chancy said:

 

It's true that you don't need a visa to enter as you're already in the US.  Also, you're Canadian -- you don't usually need a non-immigrant visa.  The problem is that your B2 status does not allow you to work.  As far as I know, an approved I-129 is not enough to change your status.  Most people need an approved I-539 or re-admission with the appropriate visa.

 

Speaking of your Canadian privileges, there might be another possibility in your case -- go to the border and re-apply for admission as a P1 worker using your I-129 approval notice.  While waiting for an update from your employer, I suggest contacting CBP to ask if this is an option for you.  You can try asking the US consulates in Canada too, but CBP is usually more responsive -- https://www.cbp.gov/contact


 

1 minute ago, Chancy said:

 

It's true that you don't need a visa to enter as you're already in the US.  Also, you're Canadian -- you don't usually need a non-immigrant visa.  The problem is that your B2 status does not allow you to work.  As far as I know, an approved I-129 is not enough to change your status.  Most people need an approved I-539 or re-admission with the appropriate visa.

 

Speaking of your Canadian privileges, there might be another possibility in your case -- go to the border and re-apply for admission as a P1 worker using your I-129 approval notice.  While waiting for an update from your employer, I suggest contacting CBP to ask if this is an option for you.  You can try asking the US consulates in Canada too, but CBP is usually more responsive -- https://www.cbp.gov/contact

 

That’s a good idea. I will contact CBP tomorrow and see what they have to say in regards to this. Thank you very much for the suggestion. You have been very helpful.

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13 hours ago, Danmar12 said:

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?

If you got this, you should be OK. 

 

I'd still think it's worth it asking CBP like others have recommended and waiting for your employer to give you more information. 

 

 

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