O1 visa expiring after extension has been approved

[Compo]

Hello,

My current O1 visa will expire in a few weeks. The attorneys for my sponsor company have already submitted an extension petition to USCIS. My questions are if the approval on renewal is delayed until after my current visa expires what are my legal rights to: A. Stay in the country and B. Work.

Thanks for you time.

[newacct]

Hello,

My current O1 visa will expire in a few weeks. The attorneys for my sponsor company have already submitted an extension petition to USCIS. My questions are if the approval on renewal is delayed until after my current visa expires what are my legal rights to: A. Stay in the country and B. Work.

Thanks for you time.

A US "visa" is only for entry; it has nothing to do with your stay in the US. Perhaps you mean your O1 "status" (as given on your I-94) will expire in a few weeks. While a timely-filed (filed before the previous status expires) extension of status is pending, you can stay in the US for as long as it is pending, no matter how long it takes. Your employment authorization in O1 status is extended for 240 days during the extension of status (i.e. you can continue to work for the first 240 days of the extension of status).

[Compo]

A US "visa" is only for entry; it has nothing to do with your stay in the US. Perhaps you mean your O1 "status" (as given on your I-94) will expire in a few weeks. While a timely-filed (filed before the previous status expires) extension of status is pending, you can stay in the US for as long as it is pending, no matter how long it takes. Your employment authorization in O1 status is extended for 240 days during the extension of status (i.e. you can continue to work for the first 240 days of the extension of status).

Thanks for the quick reply and clearing that one up.