Q: Can I reapply for a visa during the grace period in the US?
If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:
- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.
- It is generally recommended to apply for a visa extension well before your current visa expires, rather than waiting until the grace period. Applying during the grace period cuts things very close timing-wise.
- To extend an O-1B visa, your employer will need to file a new I-129 petition on your behalf with USCIS. Premium processing is available to expedite this.
- However, the USCIS has discretion on whether to accept an I-129 petition filed during the grace period. There is some risk they could consider you out of status and deny the extension.
- If the extension is denied, you would need to depart the US immediately. Accruing unlawful presence can impact your ability to return to the US in the future.
So in summary, while it may be possible to file for an O-1B extension during the 60-day grace period, it's risky to wait that long. The safer approach is to have your employer file for an extension at least 45 days before your current status expires. Consult an immigration attorney for guidance on your specific situation. Let me know if you have any other questions!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
