Q: I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1, will I have to leave my J1 instantly upon O3.
I am on J1 visa (J1 waiver) and have applied to get an O3 for husbands O1 and will get an answer soon from the USCIS on its approval. Will that mean I would have to leave my J1 based employment immediately, once it is approved. Or will I get any grace time to leave my current job and move with him. Please suggest.
A:
O3 visa holders are not permitted to work. If you have filed an I 539 to change your status from J1 to O3 and that form is approved, then legally you can be here in O3 status. However, in order to activate the visa and get the stamp in your passport, you usually have to consular process and have an interview at your embassy/consulate. This only matters if you wish to travel outside of the US as you cannot return to the US as an O3 without the consular processing.
You want to be careful not to be working after the I 539 is approved, because it is always best to avoid any confusion. If you are still working under your J1 then it appears as though you are trying to take advantage of both visas and it might be best to avoid even the appearance of impropriety.
A: You cannot be in the United States on two different nonimmigrant statuses. Once the O3 is approved, any authorization you have to work as a J1 will be terminated.
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