Travelling and returning back to US after filing AOS

chatterjee1

Registered Users (C)
I apologize for this being off-topic .A question for all folks. I am an O1 visa holder with a valid visa stamp. My 140 is approved and current and I have applied for 485/131/765. My question is that since O1 is a work visa and dual intent like H1/L1, after filing for AOS, can I return showing my valid O1 visa stamp and continue to work on O1 or do I have to carry AP and EAD with me so that at POE, I have to enter using AP and continue to work thereafter on EAD. Pls help. Have asked attorneys but not hearing anything concrete. Anyone's personal experience would help greatly. Thanks in adv
 
Thanks Techy2468. While USCIS clearly mentions for H1/L1, nothing is mentioned for O1's and this is very frustrating as no one is clear on the USCIS rules governing O1 on re-entry after AOS.
 
I apologize for this being off-topic .A question for all folks. I am an O1 visa holder with a valid visa stamp. My 140 is approved and current and I have applied for 485/131/765. My question is that since O1 is a work visa and dual intent like H1/L1, after filing for AOS, can I return showing my valid O1 visa stamp and continue to work on O1 or do I have to carry AP and EAD with me so that at POE, I have to enter using AP and continue to work thereafter on EAD. Pls help. Have asked attorneys but not hearing anything concrete. Anyone's personal experience would help greatly. Thanks in adv

Persons on O-1s visa status and their dependents (O-3s) may pursue US permanent residence while maintaining their respective non-immigrant O-1/O-3 statuses. However, O-2s must be coming to the U.S. for temporarily stay only and must maintain an unabandoned foreign residence. Therefore, O-1s and O-3s are considered "dual intent" categories (just like H1/L1/H4/L2) whereas O-2s must have purely nonimmigrant intent.

Please check details with your lawyer/attorney.
 
Last edited by a moderator:
Top