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When we file an O-1 petition, we must decide whether to request a change of status or consular processing. A change of status is generally appropriate for those who are already lawfully present in the United States, while consular processing is used for individuals who are abroad or who anticipate international travel while the petition is pending. It is important to understand that leaving the country while a change of status request is pending will result in the abandonment of that request, although USCIS will still adjudicate the underlying petition itself. Because travel plans can directly impact strategy, we ask all clients to discuss any upcoming trips with us so we can determine the best course of action.

A common point of confusion is the difference between status and visa. Status refers to your legal right to remain in the United States in a particular immigration classification, while a visa is the physical document issued by a U.S. Consulate that allows you to enter the country. If USCIS approves a change of status, you can begin working in O-1 status without leaving the U.S., but that approval does not provide you with a new visa stamp. The first time you travel abroad after a change of status is granted, you will need to visit a U.S. Consulate to obtain an O-1 visa before you can return. Occasionally, U.S. Consulates may refuse to issue a visa even after USCIS approval.

Once the I-129 petition is approved, USCIS will issue an I-797 approval notice. If a change of status was granted, the approval notice will include a new I-94 record confirming the new classification and the period of authorized stay. If consular processing was requested, USCIS will forward the approval to the U.S. Consulate identified in the petition. The individual must then apply for the O-1 visa abroad before entering the United States in O-1 status.

Your current immigration classification also determines whether a change of status is even an option. For example, individuals who entered under the Visa Waiver Program (ESTA) cannot change status from within the United States. J-1 exchange visitors who are subject to the two-year home residency requirement must first secure a waiver before USCIS will consider a change of status request. Even categories that seem simple on the surface, such as B-1/B-2 visitors, can raise complications if there was intent to work at the time of entry. Reviewing these issues in advance helps avoid unnecessary denials and, in some cases, makes consular processing the better choice.

USCIS will only approve a change of status if you have maintained your current classification up to the date of adjudication. For instance, F-1 students on OPT must ensure their O-1 petition is filed before the end of their OPT or STEM OPT period. A timely, non-frivolous filing allows them to keep working for up to 180 days while the O-1 petition is pending, bridging them seamlessly into the new status. Falling out of status, even briefly, can create significant problems and may require consular processing instead. Careful timing and advance planning are essential to preserve eligibility and avoid gaps in work authorization.