Legal Question in Immigration Law in California

If I plan to switch from H1B status to O3 and I lose by H1B during the application processing of O3, can I still stay in the country (US) or do I have to leave?


Asked on 10/06/14, 4:04 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You must maintain legal, non-immigrant visa status until the O-3 petition is adjudicated. If you plan on terminating H-1B status prior to the O-3 decision on your case, then you should return home & obtain the visa at the U.S. Consulate if it is approved. Otherwise, you should maintain your H-1B visa status until the O-3 is adjudicated.

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Answered on 10/07/14, 2:26 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello:

Please call me at (212) 968-8600 or toll-free at (800) 750-1828.

Kind regards,

RDM

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Answered on 10/12/14, 10:07 am


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