if you need to file for a b1 b2 extension or
you need to file b1 b2 in lieu of another visa category you're going to want to watch this video
hi everyone this is Joseph Tsang i'm the managing partner here at Tsang & Associates we specialize
in solving legal problems with creative solutions so today's success story is about a b1/b2
extension in lieu of an O-1 extraordinary ability visa so b1/b2 visa is a tourist visa typically
you're typically here for about six months but sometimes it's not enough to get what you want to
do and so you need to file an extension to get an additional six months and then sometimes you don't
want to really leave after you are in the us on a tourist visa so you want to change to a different
status in this case our client wanted to stay in the us for a much longer period so he wanted to
apply for an O-1 extraordinary ability visa so the client came to us about two weeks before his b1/b2
status was about to expire he entered the us about five months ago he had about two weeks left so
the backstory to his client is we actually secured his eb-1a approval already meaning he's already in
line to get his green card but due to the priority date he couldn't get it yet didn't tell us that he
was entering the country didn't tell us he was about he was here and then he entered on a b1/b2
visa and he decided you know what i don't want to leave the us i already got my eb-1a if i could
just stay here for about a year or two years then when my eb1a priority date is ripe then i could
directly get a green card i already made all the plans i want to be here i already bought a house
everything so the first task was to very quickly put together an application to file for his b1 b2
extension now unlike other normal b1 b2 extensions where you just want to go to Disneyland you can
want to go to Yosemite you want to travel to New York and you have the funds to do so in this case
we want to be honest he already has his eb-1a approved he he was going to stay here after the
six months and change his status to an O-1 visa so in this b1/b2 extension we had to prepare a mini
O-1 application as well so we submit everything and after the submission we have time to prepare
the o1 better and so we can submit his 01 extension after that right so five months
ago he came in on a tourist visa his status was about to expire we file a b1/b2 extension to get
him additional six months and in the course of the six months maybe two months before this extension
expires we file the change of status to an o-1 so now enter b1/b2 extension b1/b2 and now change to
o-1 and then from the o1 after that gets approved once the priority date is current on his eb-1a
then he adjusts status to get his b1a get a screen card okay so that's the entire strategy a lot of
things we have to do in this short amount of time first we need to prove that he entered in the u.s
he didn't lie to a CBP officer we prepared all the application for that we have to show that
he wasn't illegally working that he came in with the qualifying b1/b2 regulations he has enough
sufficient funds to fund everything that he's doing including the extension and including the o1
we have to prepare all the 01 documents at least a mini version of it to show what his us intent was
we have to show what his business plan is the mini version of that in two weeks put together file it
here's a complication it typically takes USCIS about four five sometimes even seven months to
adjudicate a b1/b2 extension so i know what you're thinking if it takes about six to seven months to
adjudicate this b1/b2 extension and you're really only asking for six months then what's the whole
point right well that's a tricky thing so in about four to five months the b1 b2 extension
hasn't been adjudicated yet we already have the o1 application and we file that about two months
after we filed the o1 extension then the b1/b2 extension gets approved we put that into his o-1
application RFE and then his o-1 gets approved it's an extremely complicated process i know
you file the b1/b2 extension first then before the b1/b2 extension is approved you file the o-1
and then when you get the request for evidence hopefully you already got the b1/b2 approval
then you put it in then you submit it i know it's complicated but it's totally doable and the client
is super happy because now he's already got his o1 approved and his eb-1a is about to be current
and he's filing for adjustment of status so even though there is this slight delay between his
eb-1a approval to the time that he can actually be in the U.S. to get adjustment of status and
get a green card during this time you can use this type of format b1/b2 extension you stay here for
a whole year and then change it to an o-1, o-1 is basically like a mini version of the eb-1a there
are slight differences which we will talk about in a different video but totally doable so this is a
creative solution to solve a unique legal problem so that is our b1/b2 extension success story video
for you if you have any questions please leave a comment below if you like this type of video or
creative solution solving legal problems please subscribe like us and we constantly
try to create new videos similar to this to provide for the public thank you take care