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

[Sm1smom 254]

22 minutes ago, Jorgedig said:

And if he is inside the US when it is approved?

 

His whole premise was to adjust status from inside the US to avoid having to apply for a visa.

OP can initiate a COS following the I-129 approval, I believe. The approval notice will automatically switch the OP from B2 to O1A. The I-797A should come with a new I-94 evidencing their new status.
 

It turns out the OP didn’t know the difference between adjustment of status and change of status, they mixed up the terminologies, in addition to not understanding the process - surely the OP can be forgiven for that, considering the lack of understanding is what made them post and ask their question in this forum. 

Edited July 18, 2022 by Sm1smom

[Kai G. Llewellyn 838]

16 minutes ago, Jorgedig said:

Interesting that OP has a B2, he says.

Canadians are admitted as B-2s without a visa. Canadians are never required to have a visa for visits, and if they have admissibility issues, they are resolved via CBP's processes, not State's.

 

Not sure about the whole intent to change status while in the US when entering. It's not like you're intentionally dodging visa requirements because there's no visa interview to be had. Your petition can be approved whether you are in the US or not. You can then either use that petition to enter as an 'O' or pay to change status.

 

Personally, I'd re-enter as an 'O', as you don't have to pay USCIS for the change of status, nor go through their lengthy waittimes. Plus also you don't have to worry about 'intent' then, as you'd be entering with the correct status to begin with.

 

If I were in your shoes, I'd wait for the petition to be processed, then re-enter the US with that approved petition, and satisfy whatever other requirements CBP impose for O applicants for admission. Of course, cost of flights might not make that worthwhile. It's entirely up to you.

Edited July 18, 2022 by Kai G. Llewellyn

[Sm1smom 254]

14 minutes ago, Jorgedig said:

Interesting that OP has a B2, he says.

I’m guessing OP meant they were admitted into the US on B2 status, and not necessarily that they have an actual B2 visa stamp issued by an embassy/consulate in their passport, unless of course the OP is not a Canadian citizen as indicated. Again, terminology mixup IMHO. 

[SusieQQQ 11,587]

59 minutes ago, Sm1smom said:

The need to have an approved AP prior to traveling out of the US with a pending I-485 application while on O1 status is what makes it a limited dual intent visa/status compared to a H-1B or L visa/status which do not require an approved AP prior to traveling out of the US with a pending I-485. Returning to the US with AP card automatically switches you over from O1 to a parolee, and if for some reason the I-485 application gets denied, you no longer have a valid status to fall back on in that case also makes it a limited dual intent visa/status. It is typically recommended for folks on O1 a status to not undertake a foreign trip outside the US when they have an AOS application pending. 

For clarification, if OP is admitted back as a parolee rather than O1, s/he is no longer authorized to work and is stuck in “adjustment pending” limbo till the AOS is approved?

[Sm1smom 254]

10 minutes ago, SusieQQQ said:

For clarification, if OP is admitted back as a parolee rather than O1, s/he is no longer authorized to work and is stuck in “adjustment pending” limbo till the AOS is approved?

Correct. OP will also need to have an approved EAD in place in order for them to continue working upon being paroled back into the US. 

[SalishSea 17,981]

1 hour ago, Sm1smom said:

OP can initiate a COS following the I-129 approval, I believe. The approval notice will automatically switch the OP from B2 to O1A. The I-797A should come with a new I-94 evidencing their new status.
 

It turns out the OP didn’t know the difference between adjustment of status and change of status, they mixed up the terminologies, in addition to not understanding the process - surely the OP can be forgiven for that, considering the lack of understanding is what made them post and ask their question in this forum. 

Wow.   Wonder why any Canadian would ever bother with consular processing and long wait times for interviews, plus the recent spate of DS-5535s inexplicably handed out in Montreal.   

With the job market the way it is, seems this would be a surefire, nearly immediate way to be legally admitted, with a path to a green card.   Regardless of whether there is a significant other waiting in the US.

[SusieQQQ 11,587]

52 minutes ago, Jorgedig said:

Wow.   Wonder why any Canadian would ever bother with consular processing and long wait times for interviews, plus the recent spate of DS-5535s inexplicably handed out in Montreal.   

With the job market the way it is, seems this would be a surefire, nearly immediate way to be legally admitted, with a path to a green card.   Regardless of whether there is a significant other waiting in the US.

I think the vast majority of non-immigrant cases in Montreal are not Canadian citizens.  It is much easier to get permanent residence in Canada than the US and it seems a lot of these people use Canada as a stepping stone to the US. (Example I see so many questions in another TN forum, regarding spouses of (usually a certain country) nationality permanently residing in Canada - so they do need visas whereas the Canadian TN holder doesn’t. )

 

And of course, immigrant visas require an interview and visa, Canadian or not.

 

 

 

[SalishSea 17,981]

10 minutes ago, SusieQQQ said:

I think the vast majority of non-immigrant cases in Montreal are not Canadian citizens.  It is much easier to get permanent residence in Canada than the US and it seems a lot of these people use Canada as a stepping stone to the US. (Example I see so many questions in another TN forum, regarding spouses of (usually a certain country) nationality permanently residing in Canada - so they do need visas whereas the Canadian TN holder doesn’t. )

 

And of course, immigrant visas require an interview and visa, Canadian or not.

 

 

 

Except in this case, people seem to be suggesting that OP can just come across with an O visa given by CBP, and then adjust to an immigrant status within the US, no interview required.

 

Have a look at the variously Montreal threads, especially the DS55-35 one.   Most are awaiting IR visas. 

Edited July 18, 2022 by Jorgedig

[Leeching Spouse 87]

19 minutes ago, Jorgedig said:

Except in this case, people seem to be suggesting that OP can just come across with an O visa given by CBP, and then adjust to an immigrant status within the US, no interview required.

 

Have a look at the variously Montreal threads, especially the DS55-35 one.   Most are awaiting IR visas. 

I encourage everyone to try to apply for O-1A visa if they believe can qualify.

 

At Montreal consulate, the wait time after DQ for IL in the IR1/CR1 category is approximately 3 months, compared to 24 months in FB category, and 28 months for EB category.

[SusieQQQ 11,587]

53 minutes ago, Jorgedig said:

Except in this case, people seem to be suggesting that OP can just come across with an O visa given by CBP, and then adjust to an immigrant status within the US, no interview required.

 

Have a look at the variously Montreal threads, especially the DS55-35 one.   Most are awaiting IR visas. 

I’m not sure you’ve interpreted what they’ve said correctly. They’ve said he can enter visa-less (possibly without interview) on O status, and then adjust to EB in the US. I don’t see the problem with that. Obviously he will probably have to have an interview for AOS.  No-one said he doesn’t need an interview for EB or any other immigrant visa/status.

(That said, I would note that some immigrant visa AOS categories can in fact get interviews waived, when there is sufficient information in the AOS package. I don’t know if EB is one of those.)

 

Edited July 18, 2022 by SusieQQQ

[Sm1smom 254]

2 hours ago, Jorgedig said:

Except in this case, people seem to be suggesting that OP can just come across with an O visa given by CBP, and then adjust to an immigrant status within the US, no interview required.

 

Have a look at the variously Montreal threads, especially the DS55-35 one.   Most are awaiting IR visas. 

Goodness gracious! It honestly seems to me like you did not grasp precisely what has been discussed so far as against claiming people are suggesting something shady for the OP to engage in (which would be a violation of this site’s TOS by the way). Facts of the matter here:

1. Canadian citizens generally do not need to be issued with a visa from an embassy in order to be admitted into the US in a non-immigrant status, with the exception of a few noted categories. 
2. Canadian citizens (outside of the few exception categories) basically present their Canadian passports (without a US visa) and the applicable supporting documents (in the case of a work related admission request) at the POE when seeking admission into the US. 
3. OP is a Canadian citizen already in the US in a B2 status.

4. OP’s potential employer has filed an I-129 for an O visa for the OP.

5. Upon approval of the I-129, OP can file for a COS from B2 to O1A status from within the US (assuming their current status has not expired), nothing shady in that (although a waste of resources IMO considering the amount of money and time it will take for the COS approval as I’m not sure if the same I-129 can be used to request a COS for the OP - when OP can simply do 6 below 👇)

6. OP can decide to depart from the US, on their return they present the approved I-129 and Canadian passport at the POE to seek admission back to the US in O1A status. OP does not need to visit an embassy to obtain an O1A visa as a Canadian citizen. 
7. Upon returning to the US in O1A status, should the OP decide to file for AOS because they are already based in the US, they are eligible to do so. There’s is absolutely no reason for someone who is already on a dual intent status (even if limited dual-intent) to depart from the US and go process CP when they are eligible to file for AOS. 

Edited July 19, 2022 by Sm1smom

[Leeching Spouse 87]

5 hours ago, Sm1smom said:

Correct. OP will also need to have an approved EAD in place in order for them to continue working upon being paroled back into the US. 

I have read that in the recent times, EAD and AP based on pending I-485 are being distributed at time intervals (no longer a combo card). Do you have a range of how long each would take? Thanks.

[SusieQQQ 11,587]

23 minutes ago, CanadianMD said:

I have read that in the recent times, EAD and AP based on pending I-485 are being distributed at time intervals (no longer a combo card). Do you have a range of how long each would take? Thanks.

One person on another post /forum just got their standalone EAD in 58 days. I believe that AP still takes a good number of months, though that’s based on uscis listed processing times (7 months or so) rather than any recent report of standalone AP.

 

 

Edited July 19, 2022 by SusieQQQ

[Sm1smom 254]

24 minutes ago, CanadianMD said:

I have read that in the recent times, EAD and AP based on pending I-485 are being distributed at time intervals (no longer a combo card). Do you have a range of how long each would take? Thanks.

I think this is like trying to put the cart before the horse at this point. May I suggest you focus on getting the O-1A and being in that status first before trying to figure out AOS related issues? The process is dynamic, whatever the current processing time for an AP or EAD card is now may no longer be applicable by the time you get to that stage. 

[Family 4,068]

I believe this cart is pulled by same employer and attorney ( that filed the I-140 in que for consular process)…and OP was advised to enter as Canadian visitor.,.and on entry same employer/attorney would do concurrent I-129 ( premium processing) AND I -of course with the simultaneous I-539 to change status…and I-485 as soon as approved ..timing of the essence 
 

OP is wanting re-assurance that IF that falls through, his I-140 won’t be jeopardized as back up…because he IS NOT currently in the US and would indeed need to enter with stated …of “ visit” ..and silent reality of “ my employer’s attorney said I can come and premium process an O and I-485..

 

But , I could be wrong.

 

Edited July 19, 2022 by Family