My current nonimmigration visa will be expired at 4/30/2020. The plan was my beneficiary submit O-1 petition on 4/1/2020 with Premium Process so I will not go out of work permit while waiting for response. USCIS announced that they stop accepting Premium Processing temporarily . Does it mean we would need to submit my O-1 (I-129) without Premium Processing and that means it may take several months to process and I will not be able to work till we receive the response ?
My understanding is that I still need to submit O-1 before my current visa expires. But if they are not accepting Premium Processing by then, and there would be no choice but to wait the response for many months..? It happened to my current nonimmigrant visa . I had to wait response from USCIS for 10 months without work permit ( = no income.)
I'm asking for your advice or prediction. What would you do? Do you think USCIS would extend current nonimmigration visa expiry date due to this COVID-19 situation? I would appreciate your kind advice. I'm not looking for correct answer here, I would like to know what you would do if you were in my situation.
My colleagues are correct.
Consult with an experienced immigration attorney about your case.
An O-1 extension petition timely filed before expiration provides 240 days of employment authorization, but not travel.
Boy, that was a 'tight-last-minute' plan.
Mr. Behar is correct ... there is an automatic extension.
https://www.uscis.gov/i-9-central/77-extensions-stay-other-nonimmigrant-categories
1. As long as the "regular" filed extension petition on your behalf is received by USCIS prior to the expiration of your current O-1, you will be able to continue working for the current employer without interruption for many, many months while the petition is pending. Worry not.
