Change Status from B1/B2 to O1-A visa [edited title]

[Leeching Spouse 87]

Canadian citizen here. If I am in the US on a B2 tourist visa to visit my friends, and my employer files an I-129 with premium processing for O1-A, am I allowed to adjust status from B2 to O1A or will there be issues? Anyone here done it before?

 

I am a bit fearful that USCIS might think I lied about my original intention of B2. Does the 90-day wait apply even though O1-A is a non-immigrant visa?

 

Thanks.

Edited July 19, 2022 by TBoneTX

[SalishSea 16,825]

43 minutes ago, CanadianMD said:

Canadian citizen here. If I am in the US on a B2 tourist visa to visit my friends, and my employer files an I-129 with premium processing for O1-A, am I allowed to adjust status from B2 to O1A or will there be issues? Anyone here done it before?

 

I am a bit fearful that USCIS might think I lied about my original intention of B2. Does the 90-day wait apply even though O1-A is a non-immigrant visa?

 

Thanks.

Weren't you just inquiring about an EB-2?  

[Leeching Spouse 87]

2 minutes ago, Jorgedig said:

Weren't you just inquiring about an EB-2?  

Yes, that's for consular processing. This is for O1A.

[SalishSea 16,825]

1 minute ago, CanadianMD said:

Yes, that's for consular processing. This is for O1A.

Could sound like you're visa shopping.

 

What makes you think you're eligible for an O visa?

[Leeching Spouse 87]

1 minute ago, Jorgedig said:

Could sound like you're visa shopping.

 

What makes you think you're eligible for an O visa?

I appreciate the questions but do you have an answer to my original question?

[SalishSea 16,825]

1 minute ago, CanadianMD said:

I appreciate the questions but do you have an answer to my original question?

I have never heard of anyone adjusting from a tourist visa to an O visa.

 

You may need to return home and be petitioned properly.

[SalishSea 16,825]

54 minutes ago, CanadianMD said:

Canadian citizen here. If I am in the US on a B2 tourist visa to visit my friends, and my employer files an I-129 with premium processing for O1-A, am I allowed to adjust status from B2 to O1A or will there be issues? Anyone here done it before?

 

I am a bit fearful that USCIS might think I lied about my original intention of B2. Does the 90-day wait apply even though O1-A is a non-immigrant visa?

 

But......adjusting status IS immigrating.....

 

And, you cannot get a visa from within the United States.   That's not how that works.

Edited July 18, 2022 by Jorgedig

[Leeching Spouse 87]

Just now, Jorgedig said:

I have never heard of anyone adjusting from a tourist visa to an O visa.

 

You may need to return home and be petitioned properly.

This is my understanding as well, but would love to hear if other forum members have had success doing this, given that it is a non-immigrant visa (O1-A visa)

[Leeching Spouse 87]

Just now, Jorgedig said:

But......adjusting status IS immigrating.....

I think Adjustment of Status most commonly applies to I-485 but is not exclusive to this category. In this case, I'm inquiring about adjusting status from B2 status to O1A visa under I-129.

[SalishSea 16,825]

Just now, CanadianMD said:

I think Adjustment of Status most commonly applies to I-485 but is not exclusive to this category. In this case, I'm inquiring about adjusting status from B2 status to O1A visa under I-129.

I129 is a petition.  It is not for adjusting status.

 

Visas are not ever given within the US.  Visas are adjudicated only at overseas US consulates and embassies.  There are no US consulates or embassies within the US.

[SalishSea 16,825]

1 hour ago, CanadianMD said:

I am a bit fearful that USCIS might think I lied about my original intention of B2. Does the 90-day wait apply even though O1-A is a non-immigrant visa?

If you are thinking of overstaying your B visa, that is a very bad idea...

[Leeching Spouse 87]

4 minutes ago, Jorgedig said:

I129 is a petition.  It is not for adjusting status.

 

Visas are not ever given within the US.  Visas are adjudicated only at overseas US consulates and embassies.  There are no US consulates or embassies within the US.

Thanks. Appreciate that info. Question solved.

[Leeching Spouse 87]

10 minutes ago, Jorgedig said:

If you are thinking of overstaying your B visa, that is a very bad idea...

Definitely not intending to do that at all. I already have an approved I-140. Why would I do that?

 

Just wondering if I could save myself a round trip back and forth. Guess not, to play it safe.

Edited July 18, 2022 by CanadianMD

[Rocio0010 5,570]

2 hours ago, CanadianMD said:

Just wondering if I could save myself a round trip back and forth. Guess not, to play it safe.

The problem when wanting to get creative is that it usually brings a headache down the road. 
I’m afraid nobody here has said they’d done it because you can’t get a visa from within the US. You need to leave and reapply, just like anyone else.

[Dashinka 23,301]

I think the confusion is with the word “adjustment”.  Your employer can file an I129 for an O visa, but that is just another type of visa application which will have to be processed through a consulate.

 

Good Luck!