a-aussie

2 hours ago, fs2439 said:

I don't know if the conversation about entitlement is relevant or practical. But if it is, then one certainly ought to consider the "entitlement" of those who have been through immigration processes and their bullying of those who are new to it.

 

Obtaining a visa is a beaurocratic process. My advice: breathe, pass through the hoops, take advice when it's useful, ignore it when it's not.

 

And good luck. We all need luck as well

Thank you for your kindness. I came to this forum for some comfort and guidance amongst people who I thought had gone through the same thing. I wish I had never signed up as I now feel more lost and anxious about the situation after being pretty well attacked in here. 
 

 However, your words have been very much appreciated. Bless you. good luck as well. 

23 minutes ago, Jorgedig said:

Sorry, but your posts DO come off sounding entitled.  And you’re preaching to the choir about immigration costs.  Most everyone here has spent thousands and thousands of dollars on flights and petitions and visas.  No one’s is more special than any other.

I completely understand that. I’m sorry to everyone for sounding entitled. It is truely my fault for getting myself into such a situation. I should’ve done more research and been more prepared. I’m very done with this whole process and would be home in a heart beat if I didn’t have such commitments here. Thank you everyone for your input there is no further need to comment on this thread as it just adding more stress to my situation. I appreciate all the guidance. Again thanks! 

13 minutes ago, Jorgedig said:

It’s not really going back to “collect” a visa, like one would go and pick up one’s dry cleaning.   It’s returning to interview/apply for one at the US Embassy, just like everyone else.

I’m really not trying to offend anyone but obviously my phrasing is being taken as such. I was advised to get a B2 Visa - it cost me almost 2 thousand dollars in flights, accomodation and processing fees. I flew all the way home specifically for this purpose. So please don’t assume that I feel I’m above the law, I have just been through a visa process as mentioned above that cost a hefty amount, that I’ve come to realise is relatively ineffective and a waste of time and money. I now have to start the process all over again, so I’m honestly getting very tired of the aggression in response to my post. I don’t think I’m special. I don’t even want to work in the US. I’m literally putting a ridiculous amount of money into their economy with no return on my end other then my training. So can everyone just relax a bit. 

Just now, Boiler said:

Irrelevant where you are whilst in process, is important you maintain B status.

Yes I understand. So theoretically, I can stay in the USA - not working of course as I don’t want to violate B, whilst waiting for O to process and then go back to Aus to collect visa? I am more then happy to go back home , I just don’t want to be there for 2-3 months. 

5 minutes ago, SusieQQQ said:

If the change of status is taking longer than expected and s/he has to leave the country before it is adjudicated, then the application is considered abandoned and s/he has to start all over again with a new O application from outside the US. If s/he stays in the country on a "CoS pending" basis beyond the initial admission period and then the O gets denied - and designguy, you will know from these forums that there have been a number of surprising O denials reported - then s/he will have been in overstay, his/her existing B will get cancelled immediately, s/he will have to leave immediately, and getting another non-immigrant visa will be a very tricky business.

 

If it is done in time, s/he has to hope he doesn't get a sticky reviewing officer who doesn't like the fact that s/he basically entered and immediately applied for a change of status. While the 90 day rule is not binding, it is used as a guide as per USCIS manual.

 

All the above is what I was "unconstructively" trying to point out are pitfalls in this approach.

 

The suggestion that was made to start the visa application (not change of status) while here and then return home to complete it is imo the least risk approach.

 

He/she definitely needs to pony up for a good lawyer experienced in O.

Yes I understand what you are saying now. Do you know if it is allowed for you to file for the O-visa, stay in the USA on B2 visa and then go back to my home country to get visa once it has been processed? Edit ; rather then going for change of status, if that makes sense? 

22 minutes ago, designguy said:

To be clear AOS is for immigration. What you are doing is applying for a change of nonimmigrant status by filing form I-539. However your O1 petition needs to be approved prior to filing. The O1 can be premium processed to get an answer in about 2 weeks, then the change of status will take another 5-7 months during which you will have to remain in the country.

 

Also keep in mind you wont be able to find a lawyer today, and submit the petition tomorrow. It will take some time for them to amass the evidence and prepare the petition so make sure you budget some time for that. The best is you file as soon as you can and return to Australia to get the visa. I think in the best case you could have the visa in 2-3 months

Thanks, this has been really helpful! When you say I could have the visa in 2-3 months do you mean that I would have to go back to Aus for 2-3 months and wait it out there? Or could I file it over here and then just return to get the visa for a lesser time? 

Thank you everyone for your replies, I really appreciate you taking the time out of your day to help me. I definitely will be using an immigration attorney! Just to clarify I always intended to use one, I was just wondering if anyone had any personal experiences, hence why I was frustrated when the main feedback I was receiving was get a lawyer. 
 

thank you again everyone, I do have a much clearer idea of where I need to go now! Best. 

I meant in my state...  many athletes I know come to train in America but only for a maximum of 2 months at a time. This was my situation prior to this year as well, hence why we all travelled on tourist visas and I continued to as I’ve never had issues before. I appreciate your input but I’m well aware of the international hot bed that is the United States. I’m looking for guidance.

Susie, I told my agent that I was interring for training purposes. He looked at my documents and assessed that I was indeed entering for a legitimate training purpose. He then asked me why I was not on O as that would make my life a lot easier. He was very nice about it. I just am one of the first from my area to train overseas and push for that higher level of training so I really just had no idea about all of these processes and have had no one to guide me!! Trying to figure this all out by myself has been very challenging. you are correct, I am not working or anything along those lines.

hi, thanks so much for your replies! My issue is that when entering the US on my last trip, I was advised by a border security agent that I must get a B2. So i went home, got B2  successfully  and came back into the USA  last week. However, the agent who let me in this time warned me that I may have difficulty re-entering again. My issue that now arises is that I am not in the position that I can go back to Australia and wait 3-6 months in Aus whilst I wait for the visa to process. I am not trying to cheat the system by any means, it just that I have committed to my tuition in the USA and can not simply take a couple months off as this is the crucial time in the season for me to train. Marriage could be an option but I don't really want to a) get a green card as the process is horrendous b) take that step yet and c) whilst waiting for the AOS to process you are not allowed to travel and  I need to leave the US in September for a competition. Very overwhelmed, any help would be great!!1 

hi everyone.
 

I am an elite athlete with national and international medals. My sole purpose of being in America is to train for sport. I have been entering a tourist visa as my training Is my priority and being able to work was not my number one priority. I have had trouble re-entering as I come in and out of the country so frequently to compete. Thus, I am wanting to change my status to O-1a so that I can continue to train and come in and out of the US. I fulfil all of the requirements necessary for the O visa. Does anyone have any similar experiences or could offer any advice at all? I am granted to be here until the end of July so I have until then to try and figure it out. 

I am Australian if that helps. 
 

any advice would be much appreciated !! Thanks in advance.