Concurrent visas: E3 and O1

[kixbrix 1]

Hello,

 

I am currently on an E3 Australian visa. I am hoping to pick up two extra projects with two other companies and was thinking to apply for an O1 visa.

 

Is it possible to hold onto my E3 visa and have a concurrent O1 visa for these two new projects?

 

(FYI my work history and qualifications make me a suitable candidate for the O1 visa, so I don't have any concern about successfully obtaining it).

 

Thank you

Edited January 30, 2022 by kixbrix
added tags

[igoyougoduke 1,656]

approval of one work permit category like o1 visa does not have any influence on other categories.

[kixbrix 1]

26 minutes ago, igoyougoduke said:

approval of one work permit category like o1 visa does not have any influence on other categories.

So on the i-129 for the O1, do you mark New Concurrent Employment, even if I currently have an E3 and I'm not applying for a concurrent E3?

[Boiler 45,517]

Are you looking to do a change of status?

[kixbrix 1]

43 minutes ago, Boiler said:

Are you looking to do a change of status?

I'm currently on an E3 and would like to stay with this current employer, and pick up additional work through another two companies via an O1 agent

[Boiler 45,517]

Not sure if you will be able to work with your current employer on an O1, that seems the crux of the issue.

[kixbrix 1]

I'm asking because I know you can have concurrent E3s, just wondering if E3 + O1 is doable. But maybe it makes sense you can't be on two different visa classes at the same time.

 

What about transferring my E3 employer to the O1, plus the two new companies, using an agent, so all three companies are captured by the O1?

[Boiler 45,517]

2 minutes ago, kixbrix said:

What about transferring my E3 employer to the O1, plus the two new companies, using an agent, so all three companies are captured by the O1?

That sounds more logical, something to discuss with the Lawyer handling the case.

[wagecuck3 31]

On 1/30/2022 at 7:04 AM, kixbrix said:

Hello,

 

I am currently on an E3 Australian visa. I am hoping to pick up two extra projects with two other companies and was thinking to apply for an O1 visa.

 

Is it possible to hold onto my E3 visa and have a concurrent O1 visa for these two new projects?

 

(FYI my work history and qualifications make me a suitable candidate for the O1 visa, so I don't have any concern about successfully obtaining it).

 

Thank you

You can only have one nonimmigrant status at a time. You can either keep your E-3 status, or you can switch to O-1 status. If an employer files an O-1 petition for you, they can either file it as a change of status (which means you will lose E-3 status and will have to stop working for the old employer) or as a consular processing petition (meaning that you cannot work for the new employer until you leave the US and re-enter on an O-1 visa, at which point you will not have E-3 status anymore and cannot continue working for the old employer).

 

If you want to work for all 3 companies simultaneously, either ask your current employer to switch you to O-1 status, or ask the other 2 employers to file E-3 petitions for you instead of O-1.