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Hi all,
I'm currently considering renewing my O-1 visa and filing for my green card (married to US citizen) from my home country.
However, I'm not sure if I'd be allowed to be in US on O-1 visa while green card is pending through consular processing.
I was living US on O-1 visa while my AOS 485 was pending, but had to abandon my petition last month after 5+ months of waiting for EAD/AP because I needed to leave the country, and USCIS offices were closed for COVID. The USCIS officer in Washington granted me an emergency appointment that nobody showed up for (except me), and thus I could not get my emergency AP before going.
I had to abandon in 2016 for the same reason (my job requires constant international travel). I fear that if I apply again now in 2020, I'll be in the same situation again soon (needing to travel, not having travel permit/AP).
But if I filed from my home country (Norway), I could potentially get a new O-1, return to US, work + drive + travel abroad when needed for work and then eventually just return to Norway to do medical and interview and pick up my green card.
But is that even allowed? I see how someone with pending 130 coming to US on ESTA seems risky, but an O-1 is a dual intent visa anyway..? I've lived and worked full time in US on O-1 and H1B for ten years, and lived with my husband that entire time. If I can't enter US while 130 is pending from abroad, I would hardly see him for 11-17 months, which would break my heart.
Thank you for any insight!
I'm currently considering renewing my O-1 visa and filing for my green card (married to US citizen) from my home country.
However, I'm not sure if I'd be allowed to be in US on O-1 visa while green card is pending through consular processing.
I was living US on O-1 visa while my AOS 485 was pending, but had to abandon my petition last month after 5+ months of waiting for EAD/AP because I needed to leave the country, and USCIS offices were closed for COVID. The USCIS officer in Washington granted me an emergency appointment that nobody showed up for (except me), and thus I could not get my emergency AP before going.
I had to abandon in 2016 for the same reason (my job requires constant international travel). I fear that if I apply again now in 2020, I'll be in the same situation again soon (needing to travel, not having travel permit/AP).
But if I filed from my home country (Norway), I could potentially get a new O-1, return to US, work + drive + travel abroad when needed for work and then eventually just return to Norway to do medical and interview and pick up my green card.
But is that even allowed? I see how someone with pending 130 coming to US on ESTA seems risky, but an O-1 is a dual intent visa anyway..? I've lived and worked full time in US on O-1 and H1B for ten years, and lived with my husband that entire time. If I can't enter US while 130 is pending from abroad, I would hardly see him for 11-17 months, which would break my heart.
Thank you for any insight!
