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Does a Canadian need I-539 to change to O-Visa?

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  • Does a Canadian need I-539 to change to O-Visa?

    Hi all, I am a Canadian physician currently visiting the US. No visas were needed for entry, despite being stamped B1 on my passport. I might be offered a job that will offer an O-Visa. Since I am currently not on any visa as a Canadian, do I have to fill the I-539 along with the I-129 if I want to stay in the US meanwhile? Appreciate any insight.

  • #2
    No. The I-129 O1 petition can also simultaneously request a Change of Status. I-539 cannot be used for changing into or extending O1 status.

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

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