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About to start O1A application - again.

About to start O1A application - again.

Old Feb 16th 2021, 8:53 pm
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Default About to start O1A application - again.

Hi all,

I'm about to start an O1A application from almost afresh as the guy that originally got the ball rolling for me has decided that the 2020 was the last straw and has decided to throw the towel in. I didn't get all that far down the line, but far enough (in his opinion after several zoom meetings) to have a high chance of securing the visa. Without going into immense detail, it centres the application around the opening of a subsidiary company of the Spanish organisation that I currently work for. I intend to 'interview' several immigration lawyers next week.

The opening of the subsidiary has obviously been pushed back more than a few times over the last 12 months but we now feel confident that sometime around November this year, we'll be good to kick off. So with this in mind, i am wondering if engaging someone at this early stage is maybe a little premature?

From what i've read, applications are taking around 3-5 months to come back (without RFE) so on that basis, it might be too soon. Also, the clincher would be if there was a time limit from approval to landing. I can't find anywhere that indicates this is the case but i imagine that it's not indefinitely open ended - thinking worse case scenario if the pandemic has still not surrendered by this time.

Any input appreciated,

Thanks


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Old Feb 17th 2021, 12:58 am
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Default Re: About to start O1A application - again.

If I understand it correctly, from reading others responses to US immigration questions, there is at some point in the process the necessity to go for a medical - think this is just prior to the final interview. This medical report expires after 6 months. So you need to enter the US within that 6 month period.

If I'm wrong I'm sure someone will be along to correct the info....
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Old Feb 17th 2021, 12:59 am
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Default Re: About to start O1A application - again.

My first thought is that it does no harm to involve a Lawyer now, there may be things that could be made more immigration friendly now with little issue.
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Old Feb 17th 2021, 1:21 am
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Default Re: About to start O1A application - again.

Originally Posted by SanDiegogirl
If I understand it correctly, from reading others responses to US immigration questions, there is at some point in the process the necessity to go for a medical - think this is just prior to the final interview. This medical report expires after 6 months. So you need to enter the US within that 6 month period.

If I'm wrong I'm sure someone will be along to correct the info....
Immigrant and Fiance visas require a medical, but I don't think non-immigrant visas do.

Rene
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Old Feb 17th 2021, 1:39 am
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Default Re: About to start O1A application - again.

Originally Posted by Noorah101
Immigrant and Fiance visas require a medical, but I don't think non-immigrant visas do.

Rene
Thanks for this......
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Old Feb 17th 2021, 11:15 am
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Default Re: About to start O1A application - again.

It's never too early to engage an attorney for this kind of petition (experienced attorneys, anyway) as they may have knowledge that will make the process smother. Timescales are pretty out of wack with COVID anyway, and you have 6 months to use the visa after it is approved, so it might not be that far off time to get the ball rolling.
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Old Feb 17th 2021, 8:11 pm
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Default Re: About to start O1A application - again.

Thanks all,

Much of the documentation is already sorted so not quite launching from a standing start. I didn't realise that it was a definite 6 months from issuance to entry so, just in case the world has another speed bump regarding the pandemic that puts us back a couple/several months, i would say my window for applying is May to July.
Going back to the 6 months, is there anything on the USICS website that highlights this timeframe as i can't seem to find reference to it?

Thanks again,
Mic
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Old Feb 17th 2021, 8:20 pm
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Default Re: About to start O1A application - again.

USCIS do not publish processing times for new applicants, there is some historical data.
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Old Feb 17th 2021, 8:30 pm
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Default Re: About to start O1A application - again.

Originally Posted by Boiler
USCIS do not publish processing times for new applicants, there is some historical data.
Thanks Boiler, it's not so much the processing times i'm trying to find, it the maximum amount of time i will have to enter the US on the O1 after it has been approved.
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Old Feb 17th 2021, 8:34 pm
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Default Re: About to start O1A application - again.

They are usually issued for an initial 3 year period.
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Old Feb 17th 2021, 8:44 pm
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Default Re: About to start O1A application - again.

Originally Posted by Boiler
They are usually issued for an initial 3 year period.
Sorry, what i'm meaning is how long do i have to get myself into the USA after the VISA has been issued to me in London?
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Old Feb 17th 2021, 8:45 pm
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Default Re: About to start O1A application - again.

Originally Posted by Mic1
Thanks Boiler, it's not so much the processing times i'm trying to find, it the maximum amount of time i will have to enter the US on the O1 after it has been approved.
The only thing I could find online was this: "You may enter the USA 10 days before the start date on your I-797 approval notice."

I Googled "O-1 visa how long do I have to enter the USA?"

Rene
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Old Feb 17th 2021, 9:48 pm
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Default Re: About to start O1A application - again.

Originally Posted by Noorah101
The only thing I could find online was this: "You may enter the USA 10 days before the start date on your I-797 approval notice."

I Googled "O-1 visa how long do I have to enter the USA?"

Rene
Thanks all.

As i mentioned, i'm talking to several immigration lawyers in the next week or two and i'll raise the question. I'll post the answer,

Thanks again
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Old Feb 19th 2021, 4:22 am
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Default Re: About to start O1A application - again.

Originally Posted by Mic1
Sorry, what i'm meaning is how long do i have to get myself into the USA after the VISA has been issued to me in London?
Boiler actually answered your question. They are valid for a 3-year period, so you can enter at any point in those three years. Upon arrival, the PoE officer will admit you in O-1 status, with duration determined by whatever factors are relevant. This status may extend past the visa expiry date.

An O-1 is not like an immigrant visa, where you have a limited window to "activate" it.

Note: The above does not take into account any COVID travel restrictions. If you need to be granted some kind of exemption to travel, that will likely carry with it is some kind of validity window.
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Old Feb 19th 2021, 3:39 pm
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Default Re: About to start O1A application - again.

Originally Posted by Mic1
Sorry, what i'm meaning is how long do i have to get myself into the USA after the VISA has been issued to me in London?
your looking at it the wrong way... the date is on the visa, the clock keeps ticking once it’s issued. Not sure about an O, but I believe some visas with a maximum renewal / stay allow you to recapture time outside the US, but even that requires you to apply for a new visa. So if you get a 3 year visa and wait 1 year to come you now effectively have a 2 year visa.
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