1. How do I check the status of my Change of Status to O1 case?

To check the status of your Change of Status to O1 case, you can visit the USCIS Case Status Online page and enter your receipt number. You can also call the USCIS Contact Center at 1-800-375-5283 and speak with a customer service representative.

2. How long does it take for a Change of Status to O1 to be approved?
The processing time for a Change of Status to O1 can vary depending on your specific case and the workload of the USCIS office handling your application. Generally, it can take anywhere from 3-12 months for a change of status to be approved.

3. Can I travel outside the US while my Change of Status to O1 is pending?
Yes, you can travel outside the US while your Change of Status to O1 is pending. However, you will need to apply for a separate O1 visa at a US consulate or embassy in order to re-enter the country once your change of status is approved.

4. What happens if my Change of Status to O1 is denied?
If your Change of Status to O1 is denied, you may be able to file an appeal or a motion to reopen or reconsider with USCIS. It is important to consult with an immigration attorney if your application has been denied.

5. Can I work while my Change of Status to O1 is pending?
No, you cannot work while your Change of Status to O1 is pending unless you have been authorized by USCIS through another nonimmigrant visa or through employment authorization as an F-1 student with optional practical training (OPT).

6. Can I extend my stay in O1 status?
Yes, you can extend your stay in O1 status as long as you continue to meet the requirements for this visa category and have an employer who sponsors you for employment.

7. Is premium processing available for a Change of Status to O1?
Yes, premium processing is available for a Change of Status to O1. For an additional fee, USCIS will expedite the processing of your application and make a decision within 15 calendar days.

8. Can I travel while my Change of Status to O1 is being processed under premium processing?
If you have applied for premium processing for your Change of Status to O1, you may be able to travel while your application is being processed. You should consult with an immigration attorney or USCIS for specific guidance on traveling during this time.

9. What happens if my O1 status expires while my extension of stay is pending?
If your O1 status expires while your extension of stay is pending, you will be given a period of authorized stay for up to 240 days starting from the date your original period of stay expired. During this time, you cannot work unless you have an approved employment authorization document (EAD).

10. Is there any way to expedite the processing of a Change of Status to O1?
In addition to premium processing, there are other ways to potentially expedite the processing of a Change Of Status to O1, such as showing evidence of urgent humanitarian reasons or significant public benefit. However, these options are generally used in limited circumstances and do not guarantee faster processing times. It’s best to consult with an attorney before attempting to expedite your case.

2. What is the current processing time for Change of Status to O1?

The current processing time for Change of Status to O1 varies depending on the USCIS service center processing the application and the complexity of the case. It can range from 4 to 8 months, but in some cases, it can take longer. It is recommended to check the USCIS website or consult with an immigration lawyer for specific processing times.

3. Can I expedite my Change of Status to O1 case?

Yes, you may be able to expedite your Change of Status to O1 case. The process for expedited processing varies depending on the specific circumstances of your case. You will need to provide evidence and documentation supporting the need for an expedited request, which may include a letter from your employer or agent explaining the urgency, proof of upcoming events or projects that require your presence in the United States, and any other relevant information. You should consult with an immigration attorney for assistance with filing an expedited request.

4. Is a biometric appointment required for Change of Status to O1?

Yes, a biometric appointment is required for Change of Status to O1. This appointment is used to capture the applicant’s fingerprints, photograph, and signature for identity verification purposes. The biometric data will also be used to conduct background and security checks.

5. What supporting documents are needed for a Change of Status to O1 application?

Some of the supporting documents that may be needed for a Change of Status to O1 application include:

1. Completed Form I-129, Petition for Nonimmigrant Worker
2. Copy of the applicant’s passport and current visa
3. Evidence of the applicant’s extraordinary ability in their field (such as awards, publications, memberships in professional organizations)
4. Itinerary and employment contract outlining the specific tasks and duration of the proposed work in the US
5. Letters from potential employers or industry experts attesting to the applicant’s exceptional skills and achievements
6. Academic degrees or certificates related to the field of expertise
7. Relevant employment history, contracts, or pay stubs
8. Proof of valid immigration status in the US (if applicable)
9. Any additional documentation required by USCIS or requested by an immigration officer during an interview.

6. Will I be notified if my Change of Status to O1 application is approved or denied?

Yes, you will be notified of the decision on your Change of Status to O1 application. If your application is approved, you will receive an approval notice from USCIS with details on your new immigration status and any specific conditions or restrictions. If your application is denied, you will receive a denial notice with information on how to appeal the decision or reapply. It is important to note that USCIS may take several months to process your application and make a decision. You can check the status of your application online using the receipt number provided in your receipt notice.

7. Can I travel while my Change of Status to O1 application is pending?

Yes, you can travel while your Change of Status to O1 application is pending. However, it is important to ensure that you have the necessary documentation and follow proper procedures to avoid any potential issues.

Firstly, you should consult with your attorney or the USCIS for specific guidelines and recommendations regarding your case. Generally, if you have a valid nonimmigrant visa, such as a B-1/B-2 visitor visa, you can use it to enter the U.S. while your Change of Status application is pending.

However, if you are planning to travel outside of the U.S. while your Change of Status application is pending and then re-enter on another nonimmigrant status (e.g. H-1B), this may result in the withdrawal of your Change of Status application. This is because when you leave the U.S., USCIS considers that you have abandoned your intent to change status.

If you do decide to travel while your Change of Status application is pending, it is important to carry documentation related to your O1 petition (such as receipt notices and approved petitions) and be prepared to explain the purpose of your trip upon re-entry into the U.S.

It is also recommended that you check with the embassy or consulate in your home country before leaving for any potential restrictions or updates on visa issuance due to COVID-19.

8. Can I change employers while my Change of Status to O1 application is pending?

Yes, you can change employers while your Change of Status to O1 application is pending. However, you will need to notify the U.S. Citizenship and Immigration Services (USCIS) about the change and submit a new Form I-129 with your new employer’s information. The USCIS will then review your case again based on your new employer’s support for your O1 visa status.

9. What happens if my employer terminates me while my Change of Status to O1 application is pending?

If your employer terminates your employment while your Change of Status to O1 application is pending, you should immediately consult with an immigration attorney as this may affect the outcome of your application. Your employer’s decision to terminate you could be a potential red flag to the USCIS that may raise concerns about whether you meet the criteria for O1 status. It is important to seek legal advice and possibly provide additional evidence or explanation to support your application.

10. How long does it take for USCIS to make a decision on a Change of Status to O1 application?

The processing times for Change of Status to O1 applications vary and can take anywhere from two weeks to several months. Factors such as the current workload at USCIS, the complexity of the case, and any requests for additional evidence can affect the processing time. It is recommended to monitor the USCIS website for updates on current processing times for specific types of applications.

11. Is premium processing available for Change of Status to O1 cases?

Yes, premium processing is available for Change of Status to O1 cases. This option allows employers to request and pay for a faster processing time, with a decision on the case being made within 15 calendar days.

12. Can I still work while my Change of Status to O1 application is pending?

You can continue to work as long as your current work authorization is valid. If your change of status to O1 is approved, you will automatically switch to the new status and may begin working in O1 capacity.

13. Do I need a job offer from a US employer for a successful change of status to O1 application?

Yes, the O1 visa is an employment-based visa and you will need a job offer from a US employer in order to qualify for the visa. Additionally, your employer must also file a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS).

14. Is there an interview as part of the process for change of status to O1 cases?

Yes, an interview may be required as part of the process for change of status to O1 cases. This typically happens when there are questions or concerns about the qualifications and eligibility of the applicant for O1 status. The interview may be conducted at a US embassy or consulate abroad, or at a USCIS office in the United States.

15. What are the potential outcomes if USCIS denies my change of status to O1 application?

There are several potential outcomes if USCIS denies your change of status to O1 application:

1. You will have to depart from the US: If your change of status application is denied, you will be considered out of status and must depart from the US immediately.

2. You may face removal proceedings: If you do not depart from the US after your change of status denial, you may be placed in removal proceedings.

3. Your O1 petition may also be denied: In some cases, if the change of status application is denied, it can also lead to a denial of your underlying O1 petition.

4. No appeal or motion to reopen/reconsider for Change of Status denials: Unlike other types of immigration petitions, there is no option to appeal a decision or file a motion to reconsider or reopen after a change of status denial. This means that once the decision is made, it cannot be reversed through these means.

5. You can re-apply for a visa at a consulate: If your change of status application is denied, you can still apply for an O1 visa at a US consulate in your home country.

6. Your departure date may impact your future entry into the US: If you do not depart immediately after your change of status denial, it may affect any future attempts to enter the US on another type of visa or through a different process.

7. Possible violation of immigration laws: If USCIS determines that there was fraud or misrepresentation in your application, this could potentially result in further penalties or even criminal charges.

16. If USCIS approves my change or status, how soon can I start working in the US?

Once your change or status is approved, you may begin working on the start date indicated on your USCIS approval notice. It is important to note that you cannot begin working until your change or status has been officially approved by USCIS.

17. Are there any specific qualifications or requirements for an individual seeking change or status to an O1 visa?

Yes, applicants for an O1 visa must have demonstrated extraordinary ability in their field of expertise, as evidenced by achievements and recognition such as international awards or publications, high salary or remuneration, membership in exclusive organizations, and critical acclaim from experts in the field. They must also demonstrate that they will continue to work in their field of expertise during their stay in the US. Additionally, they must have a job offer from a US employer or agent who will act as their sponsor for the visa. The qualifications and requirements may vary depending on the specific O1 category (e.g. sciences, arts, athletics).

18. Will USCIS consider previous visa denials when reviewing my change of status to 01 case?

Yes, previous visa denials may be considered by USCIS when reviewing a change of status to 01 case. The decision will ultimately depend on the specific circumstances of each individual case and whether the previous denials are relevant to the current petition. It is important to disclose any and all previous visa denials in your application and provide an explanation for them.

19.May I apply for permanent residence while on a temporary N01 visa (change status)?

No, you cannot apply for permanent residence while on a temporary N01 visa (change status). The N01 visa is specifically meant for temporary employment and does not lead to permanent residence. You would need to apply for a different type of visa that allows for permanent residence, such as an immigrant visa or a green card.

20.Can individuals with family members in the US apply for change or status under this category?

Yes, individuals with family members in the US can apply for change or status under this category, as long as they meet the eligibility requirements and follow the proper application procedures. They may be eligible for certain benefits if their family member is a US citizen, such as immediate relative visas. However, each case is unique and it is important to consult with an immigration attorney before submitting any applications.