Efiavi

On 12/27/2018 at 7:33 AM, fs2439 said:

it's not a bypass. it's an actual option. there are other things to worry about with the o - i.e. meeting criteria - but the waiver is definitely not one of them.

Thanks.

Apart from meeting requirements, what-else?
 

Some J1 VISA holders, instead of applying for J1 VISA waiver, did apply for O1 directly. While Exchange Visitor Skills vary from one country to the other, what are the chance of obtaining O1 visa without applying for J1 waiver?

This sounds like a bypass for J1 waiver, but to get the consultation letter?

Any experience to share will be appreciated.

On 10/7/2018 at 9:12 AM, Cyberfx1024 said:

Where have you heard this? I have not heard this at all. If you can't find any actual sources about this other than rumors then don't believe it.

IRS does not count this.
Any person who can work in the US and who meets physical presence test can file tax as US resident - only for tax purpose. It's called: Substantial Presence Test (IRS)
https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test.
This how it reads:

"You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:

1. 31 days during the current year, and
2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
   • All the days you were present in the current year, and
   • 1/3 of the days you were present in the first year before the current year, and
   • 1/6 of the days you were present in the second year before the current year.

Example:

You were physically present in the U.S. on 120 days in each of the years 2012, 2013, and 2014. To determine if you meet the substantial presence test for 2014, count the full 120 days of presence in 2014, 40 days in 2013 (1/3 of 120), and 20 days in 2012 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2014."