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O1 status

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  • O1 status


    I got an O1 visa approved last year On 8 August 2019.
    My I-797 A form says it is valid through august 2021 (3 years)
    My O1 visa stamp was issued only for one year (aug 8th 2019 to aug 2020) - I’m from Mexico and we only get 1 year O1 visas, I should renew the visa now but embassies are closed due to COVID-19.

    Two questions:
    1. Can I re-enter the US before August with my visa expires but remain in the US with my I-797 status?
    2. How do I make sure my I-94 has the same date as my I-797 Status when I re-enter the US?

    I appreciate guidance since it’s a complicated matter.

  • #2
    1. yes, you should be admitted until the expiration of your O1 petition unless your passport expires sooner
    2. If they don't admit you for that long, it's a mistake, but I am not sure there's anything you can do about it except to go to a deferred inspection office and ask them to correct it later.

    This is my personal opinion and is not to be construed as legal advice.