Previous stay in US affecting future filings?

[Milou82 0]

Hi!

 

I was in the US for medical purposes in 2022 for 6 months and in 2023 for almost a year bc tried to change status from B2 to O1. I eventually left bc it was a risk if I got a denial.

 

My case got denied but I wonder if the previous long stays affect future filings?

 

According to my attorney I did not violate, nor overstay bc we filed CoS timely. 
 

I heard from 2 other cases they got denied bc they traveled in and out too many times on ESTA.. apparently they didn’t like this.

 

Anyone has any experience with this?

Thanks

[Boiler 45,749]

What are you filing for?

[appleblossom 2,815]

3 hours ago, Milou82 said:

I was in the US for medical purposes in 2022 for 6 months and in 2023 for almost a year bc tried to change status from B2 to O1. I eventually left bc it was a risk if I got a denial.

 

My case got denied but I wonder if the previous long stays affect future filings?

 

 

One question that might come up is how you managed to support yourself financially for so long without working? 

[Milou82 0]

9 hours ago, Boiler said:

What are you filing for?

O1

[Milou82 0]

6 hours ago, appleblossom said:

 

One question that might come up is how you managed to support yourself financially for so long without working? 

You mean when you have the interview? I worry because of what happened with the people who went up and back many times on ESTA. 

[Boiler 45,749]

Presumably you are independently wealthy.Very few people could afford US Medical costs.

[Verrou 1,962]

4 hours ago, Boiler said:

Presumably you are independently wealthy.Very few people could afford US Medical costs.

even with health insurance, i still need to fork out $1,800 for brain MRI last week

[Boiler 45,749]

H1b and L are dual intent, O seems to be treated as semi dual intent, my guess is that there are other things in play and just use that.