My O1 visa have be approved for 2 years instead of 3. WHY?
I don't have a lawyer, I did the application myself..
Answers:
The approval of an O-1 petition does not automatically mean that its legitimacy period will be 3 years.
The regulation says: Validity —O–1 petition. An approved petition for an alien classified under box 101(a)(15)(O)(i) of the Act shall be valid for a period of time determined by the Director to be necessary to accomplish the event or activity, not to exceed 3 years.
Apparently, as a issue of discretion or based on the data provided, the adjudicator decided that approval for two years be appropriate.
You can call them if you want, but who knows what good that may do? The regulation say, "...time determined by the Director to be necessary..." Looks like the Director determined that two years would be enough. It's discretionary, a concern of judgment.
If you want to stay longer than you were given, the petitioner must request a petition extension. An extension of stay may be authorized in increments of up to 1 year for an O–1. Source(s): 8 CFR 214.2(o)(6)(iii)
There is no set maximum extent for O-1 status. Theoretically, it can be indefinite. However, the length of the status is determined by the length of time needed for the alien to perform his duties or comings and goings with the petitioner employer.
An initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This term may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required
they though two years was enough .. thats not uncommon
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Answers:
The approval of an O-1 petition does not automatically mean that its legitimacy period will be 3 years.
The regulation says: Validity —O–1 petition. An approved petition for an alien classified under box 101(a)(15)(O)(i) of the Act shall be valid for a period of time determined by the Director to be necessary to accomplish the event or activity, not to exceed 3 years.
Apparently, as a issue of discretion or based on the data provided, the adjudicator decided that approval for two years be appropriate.
You can call them if you want, but who knows what good that may do? The regulation say, "...time determined by the Director to be necessary..." Looks like the Director determined that two years would be enough. It's discretionary, a concern of judgment.
If you want to stay longer than you were given, the petitioner must request a petition extension. An extension of stay may be authorized in increments of up to 1 year for an O–1. Source(s): 8 CFR 214.2(o)(6)(iii)
There is no set maximum extent for O-1 status. Theoretically, it can be indefinite. However, the length of the status is determined by the length of time needed for the alien to perform his duties or comings and goings with the petitioner employer.
An initial stay is limited to no more than three years, provided the petition can establish that the O-1 alien will need this much time for the proposed employment. This term may be extended at one-year increments thereafter, upon evidence showing that the alien's continued presence would be required
they though two years was enough .. thats not uncommon
Resolved Questions:
Want to emigrate to USA when I graduate?
I am currently on an internship in New York as part of my university course. I have be here nearly a year now, but go back to Scotland surrounded by August, where I will have my final year to complete my degree. I enjoy decided I want to emigrate to the USA when I graduate, after being...
Forum for asking roughly moving from UK to USA?
Hiya, I know Yahoo Answers is a good place for general questions but I do find that specialist question tend to get few answers, and they tend to be short and not always by people who hold deep knowledge of the subject. I'm generalising, it's not always true, but I feel it applies to the...