Legal Question in Immigration Law in Maryland

Can I stay in the US while O-1 petition is pending even after the expiration of

My J-1 visa expired on 9-13-04, I-129 for O-1

visa (petitioned through FDA) and I-539 for my wife was received by CIS on 09-13-04. Petitioner will file I-907 (Premium Processing) on my behalf on 10-05-04.

Will I maintain legal/lawful status in the US

while the petition is pending? Will my wife and I be allowed to travel abroad while petitions are pending, or should we wait til we receive notice from CIS and than leave the country?

Our 30 day grace period ends on Oct 12. Will we remain legal

even after that date, since the decision from USCIS might not come before that?

Thanks!


Asked on 10/02/04, 10:25 pm

1 Answer from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Can I stay in the US while O-1 petition is pending even after the expiration

Your status right now depends on some complex statutes that are not always understood fully by the immigration inspectors, so the safest thing to do is to wait until you have the O-1 approval.

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Answered on 10/04/04, 9:13 am


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