QUESTION
My O-1b Visa has been approved. Can I leave the US while I'm waiting?
Asked on Dec 03rd, 2014 on Immigration - Washington
More details to this question:
After studying in Boston for almost 3 years, I moved to Seattle where I'm currently working since October 2013 with an OPT, which expired on October 2014. I've applied for an O-1b (Artist Visa) which has just been approved yesterday (it took almost 2 months!) and the USCIS customer service told me that it might take up to 30 days to process. As far as I understand, my Petitioner is supposed to receive a package (form I-797 maybe?) with instructions on what to do next, by January 1st. I would really like to go back to my country for Christmas Holidays, but I'm not sure if I'm allowed to do so, since my OPT expired 2 months ago. Is it true that I need to go back to my country anyway to get the Visa at the American Embassy? Can I ask my petitioner to send me the documents to my country, once he receives them? Thank you in advance
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
If you timely applied for a change of status along with classification under the O-1B category, you are allowed to remain in the U. S. without leaving assuming that the change of status was granted along with the O-1B. That information will be on the approval sheet that is sent to the petitioner. That being said, if you decide to leave the U. S., you must apply for the O-1B visa at the American consulate or embassy unless you are a Canadian national. You can have your employer send the documents to you when you are out of the country in order for you to arrange an interview with the American consulate or embassy.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 02nd, 2015 at 1:20 PM