Change Status from B1/B2 to O1-A visa [edited title]

[Mollie09 1,543]

You can absolutely adjust status from B2 to O1 while in the Unites States.

If your petition is approved it will say whether or not your status is considered adjusted. If it is, you'll only need to go to a consulate to get a visa if you need to leave and re-enter the US for another reason.

 

Good luck!

[Sm1smom 246]

1 hour ago, Mollie09 said:

You can absolutely adjust status from B2 to O1 while in the Unites States.

If your petition is approved it will say whether or not your status is considered adjusted. If it is, you'll only need to go to a consulate to get a visa if you need to leave and re-enter the US for another reason.

 

Good luck!

No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.

[Leeching Spouse 87]

1 hour ago, Sm1smom said:

No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.

Thank you. I didn't realize that those words were used very differently!

Edited July 18, 2022 by CanadianMD

[Sm1smom 246]

2 minutes ago, CanadianMD said:

Thank you. Can you briefly explain the difference between adjust status vs change status?

Adjustment of status (AOS) is the process used in applying for a lawful permanent resident status from a temporary non-immigrant status. Change of status (COS) on the other hand is the process of changing from one temporary non-immigrant status to another temporary non-immigrant status. Since both the B2 and O1 are temporary non-immigrant status, moving from one to the other is therefore a change of status (COS).

 

[Leeching Spouse 87]

1 minute ago, Sm1smom said:

Adjustment of status (AOS) is the process used in applying for a lawful permanent resident status from a temporary non-immigrant status. Change of status (COS) on the other hand is the process of changing from one temporary non-immigrant status to another temporary non-immigrant status. Since both the B2 and O1 are temporary non-immigrant status, moving from one to the other is therefore a change of status (COS).

 

Thank you. I didn't realize that those words were used very differently by USCIS!

 

So to clarify, if I enter on a B2 visa, my employer submits a I-129 petition for O1A on my behalf and is approved, what are my next steps to apply for a change of status?

 

Once my change of status to O1A is successful, and I need to travel overseas, how do I obtain the O1A visa stamp that will allow me to re-enter the US?

[Boiler 44,008]

14 minutes ago, CanadianMD said:

Thank you. I didn't realize that those words were used very differently by USCIS!

 

So to clarify, if I enter on a B2 visa, my employer submits a I-129 petition for O1A on my behalf and is approved, what are my next steps to apply for a change of status?

 

Once my change of status to O1A is successful, and I need to travel overseas, how do I obtain the O1A visa stamp that will allow me to re-enter the US?

Why do you want to change status if you also need a visa?

[Mollie09 1,543]

37 minutes ago, CanadianMD said:

Thank you. I didn't realize that those words were used very differently by USCIS!

 

So to clarify, if I enter on a B2 visa, my employer submits a I-129 petition for O1A on my behalf and is approved, what are my next steps to apply for a change of status?

 

Once my change of status to O1A is successful, and I need to travel overseas, how do I obtain the O1A visa stamp that will allow me to re-enter the US?

You then go to a US consulate with the approved petition to apply for the visa so you can return to the US.

[Leeching Spouse 87]

4 minutes ago, Boiler said:

Why do you want to change status if you also need a visa?

You're right. My original thinking was that since the O1A is a dual intent visa, in the event that the consulate processing takes too long, I can switch and apply for an adjustment of status instead.

[Leeching Spouse 87]

3 minutes ago, Mollie09 said:

You then go to a US consulate with the approved petition to apply for the visa so you can return to the US.

Thanks. Seems like quite a tedious task.

 

If O1A was approved while I am in Canada, given that interviews are currently waived till the end of 2022, how would I obtain the visa?

[Sm1smom 246]

47 minutes ago, CanadianMD said:

Thank you. I didn't realize that those words were used very differently by USCIS!

 

So to clarify, if I enter on a B2 visa, my employer submits a I-129 petition for O1A on my behalf and is approved, what are my next steps to apply for a change of status?

 

Once my change of status to O1A is successful, and I need to travel overseas, how do I obtain the O1A visa stamp that will allow me to re-enter the US?

Your employer receives the notice of decision which they send to you. If the I-129 is approved, you will then use the notice of decision to apply for the relevant O-1 visa at an applicable embassy or consulate outside the US. 
 

14 minutes ago, CanadianMD said:

You're right. My original thinking was that since the O1A is a dual intent visa, in the event that the consulate processing takes too long, I can switch and apply for an adjustment of status instead.

You cannot apply for a visa from within the US. The visa is the document authorizing your admission into the US in whichever status is applicable to the visa you present at the POE. 

 

p.s. O1 visa is a limited dual intent visa by the way.

[Chancy 6,235]

*** Moved from AOS from Work/Student/Tourist Visas forum to Work Visas forum -- topic is about Change of Status (COS) to O1 non-immigrant, not Adjustment of Status (AOS) to LPR ***

 

[Leeching Spouse 87]

6 minutes ago, Chancy said:

*** Moved from AOS from Work/Student/Tourist Visas forum to Work Visas forum -- topic is about Change of Status (COS) to O1 non-immigrant, not Adjustment of Status (AOS) to LPR ***

 

Thanks for moving. I didn't realize the difference before.

[Leeching Spouse 87]

36 minutes ago, Sm1smom said:

Your employer receives the notice of decision which they send to you. If the I-129 is approved, you will then use the notice of decision to apply for the relevant O-1 visa at an applicable embassy or consulate outside the US. 
 

You cannot apply for a visa from within the US. The visa is the document authorizing your admission into the US in whichever status is applicable to the visa you present at the POE. 

 

p.s. O1 visa is a limited dual intent visa by the way.

Thank you. I'm a bit confused given that interview waivers have been granted for O1A applicants at US consulate/embassy till end of 2022. I was under the impression that as a Canadian Citizen, I am exempted from needing to obtain a non-immigrant visa prior to entry into the US.

 

What's the point of granting interview waivers, if the beneficiary still has to make an appointment at the consulate to get the visa?

 

Would you also be able to elaborate on what you mean by "limited dual intent visa"? Besides the Advanced Parole needed prior to travel for O1A, are there any other differences?

 

I do have an approved I-140 petition, and whether I decide to do consular processing or adjustment of status should not matter. This should not be grounds for denial based on USCIS Policy 9 FAM 402.13-5(B) (U) Effect of Filing Immigrant Visa Petition:

"(U) USCIS has determined that the approval of a permanent labor certification or the filing of a preference petition shall not be a basis for denying classification as an O-1 or O-3 dependent.  The noncitizen may legitimately come to the United States for a temporary period as an O-1 or O-3 dependent nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States."

Edited July 18, 2022 by CanadianMD

[Boiler 44,008]

Interview waivers are not a given.

[SusieQQQ 11,585]

Terminology seems to be confusing people, as is the various purposes of an i129.

 

If you move from one non-immigrant status to another that is change of status.

If you move from non-immigrant to immigrant status, that is adjustment of status.

People here most commonly see i129 in regard to fiancé visas and assume it is only that, but in fact it is also a petition for a non-immigrant worker. 
Due to the confusion around all these issues I am not sure OP has got best advice, however, an O1 visa/change of status application certainly would be best done utilizing a lawyer,  so assuming there is a company lawyer doing this that is the best person to ask.

 

Btw in regards to the 90 day rule - yes it can still apply in an instance like this, should uscis decide that this is one of the rare cases where they want to make an issue of it.

 

edit: above was written before I saw page 2 where sm1smom and mollie09 have brought some sense to the thread  

Edited July 18, 2022 by SusieQQQ