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Dear Immi Gurus,
I'm under O-1 status valid for 3 years, expiring on June 22, 2008. I filed I-140 (EB-1 - extraordinary ability) on June 22, 2007, still pending. Checking currently processing times, I'm afraid I-140 is still going to be pending after my visa expires (exactly one year after filed).
I'm looking into an extension of my O-1, but I found the following on the USCIS web site, under the I-129 instructions:
(5) Temporary vs. Permanent Intent: Effect on Nonimmigrant Status . ...Other classes of nonimmigrants (O-1 included) may be required to provide evidence of their intent to depart from the United States when their authorization to remain expires.
Does that mean I can't file I-129 for an extension of stay as I'm waiting for my I-140 to be approved??
What would be my options in this case??
Thanks so much for your help!
I'm under O-1 status valid for 3 years, expiring on June 22, 2008. I filed I-140 (EB-1 - extraordinary ability) on June 22, 2007, still pending. Checking currently processing times, I'm afraid I-140 is still going to be pending after my visa expires (exactly one year after filed).
I'm looking into an extension of my O-1, but I found the following on the USCIS web site, under the I-129 instructions:
(5) Temporary vs. Permanent Intent: Effect on Nonimmigrant Status . ...Other classes of nonimmigrants (O-1 included) may be required to provide evidence of their intent to depart from the United States when their authorization to remain expires.
Does that mean I can't file I-129 for an extension of stay as I'm waiting for my I-140 to be approved??
What would be my options in this case??
Thanks so much for your help!
