Frequently Asked Questions - O-1 Visa

As long as you had filed your extension application before expiration of the current status, you are not illegal as long as the case is pending. You are in

You can apply for the O-1 category and, upon receipt of the approval notice, you will be required to obtain the O-1 Visa at a U.S. consulate abroad.

You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.

The way it works is that the company can file everyone's AOS (Form I-485) together OR they can first get your husband's I-140 approval and leave you to file the last step (AOS) for the family.

You should be able to get an O-1 visa stamping in any country.

A "B" visa is appropriate if the artist will not be paid in USA, other than for travel and incidental expense.

You will need to have the employer apply for a new O-1 petition with USCIS.

Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=baprYGs8IzQ&t=782

FAQ Transcription