Change of status from J-1 to O-1 at US Embassy in Toronto

[sramani]

Hi:

I am a J-1 scholar and have an O-1 petition filed on my behalf by my future employer. I got my 2yr HRR waived for the J-1, but my future employer won't file a change of status for J-1 to O-1 along with the O-1 petition. So I am kinda forced to go outside of the US and apply for an O-1 visa.

I am thinking, if the O-1 petition is approved, I'd go to the US Embassy in Toronto.

Are there any issues with going to Toronto for this or should I consider my home country. I do have a relative in Toronto whom I could hang out with, so accommodation is not a problem. I am more concerned about the consular office asking me questions about change of status or anything related to J-1 to O-1.

If anyone has had any prior experience on J-1 to O-1 in Toronto, it would be greatly helpful if you shared.

Thanks.

 

[Jackolantern]

Do you have the O-1 receipt notice or a copy of it? If yes, why can't you apply for the change of status without the company's assistance? Just fill out form I-539 and attach the supporting documentation (copy of identifying passport pages, I-94, the O-1 approval or receipt notice, etc.) and send it in with a check for the fee.

If you won't or can't do that, and you're not a Canadian citizen or resident, you'll need to communicate with a US consulate in Canada ahead of time to make sure they'll agree to interview you for the O-1 visa. You may also need a Canadian visa, depending on your country of citizenship.

 

[sramani]

Thanks! Appreciate the prompt response.

I am not sure if I can override the company's policy and I don't want to get in to a tiff with the company doing so. Moreover, I was advised by the company's attorney to apply for an O-visa even after repeated requests for filing a change of status from J-1 to O-1, so I guess my only option at this point is to apply for an O-visa.

I contacted the helpdesk of the US embassy at Toronto and they said they can process O-visa applications, although they weren't clear as to whether they will process fresh O-visa applications. May be they meant they process only O-renewals.

I will contact them again and perhaps update my status here too.

However, more inputs are welcome from other members too.

Thanks again.

Do you have the O-1 receipt notice or a copy of it? If yes, why can't you apply for the change of status without the company's assistance? Just fill out form I-539 and attach the supporting documentation (copy of identifying passport pages, I-94, the O-1 approval or receipt notice, etc.) and send it in with a check for the fee.

If you won't or can't do that, and you're not a Canadian citizen or resident, you'll need to communicate with a US consulate in Canada ahead of time to make sure they'll agree to interview you for the O-1 visa. You may also need a Canadian visa, depending on your country of citizenship.

 

[sramani]

I have teh 2 year HRR waived in my case, so technically it is possible to file a change of status. However, the attorney is not ready to do that because of "intent" issues. He is arguing that, in the future, there may be issues since my intent while entering with a J-1 was different (which is a visa for "visiting" positions) and that while obtaining an O-1 is different (which could include immigrantion intent). So he wants to resolve this "intent" issue at a consular post.

It is possible that the consular officer may not bring this "intent" issue at all, but my attorney wants this resolved in any case.

I don't entirely understand your statement: "shouldn’t have a problem with going to Toronto because you’ve had the J-1 already." What are you hinting at. Kindly clarify.

I have all the paperwork including the notice of action and approval for my J-1 waiver. I am awaiting the notice of action and, hopefully, approval of my O-1 petition. Do you think I need anything else.

Thanks.

1. The reason your attorney is not filing change of status is because he might think he can’t. Generally, you can’t change status from J to O if you have the 2 HRR, but you can if the HRR has been waived. Not sure why he’s not doing the COS.

You shouldn’t have a problem with going to Toronto because you’ve had the J-1 already but make sure you take all your paperwork with you.

 

[TheRealCanadian]

I have teh 2 year HRR waived in my case, so technically it is possible to file a change of status. However, the attorney is not ready to do that because of "intent" issues. He is arguing that, in the future, there may be issues since my intent while entering with a J-1 was different (which is a visa for "visiting" positions) and that while obtaining an O-1 is different (which could include immigrantion intent). So he wants to resolve this "intent" issue at a consular post.

The attorney is... timid. Actually, that's the most polite description I have for the attorney.

If you have a copy of the O-1 approval notice, you can file an I-539 yourself and request a change of status. Until you have the approval, I wouldn't do anything.

It is possible that the consular officer may not bring this "intent" issue at all, but my attorney wants this resolved in any case.

What intent issue? Intent can change, that's pretty settled law.

 

[sramani]

The attorney is... timid. Actually, that's the most polite description I have for the attorney.

If you have a copy of the O-1 approval notice, you can file an I-539 yourself and request a change of status. Until you have the approval, I wouldn't do anything.

Thanks! I am waiting for a decision on the petition.

What intent issue? Intent can change, that's pretty settled law.

I don't understand the "intent" issue either. I was just quoting what the attorney told me. May be I could ask him again to see what exactly is the underlying reason. Thanks again.