u/mx557

▲ 4 r/O1Visa+1 crossposts

O1B renewal and the 240-day rule

Hey everyone,

Musician here, about to request a 4th O1B visa.

I’m very confused about the 240-day rule that allows O1-B visa holders to keep working past the end of their work authorization after USCIS has received the renewal request. I know multiple people (more than 4 people) who have been able to continue working while waiting for their approval. Some of them renewed with a different petitioner, some of them with the same petitioner. All of them requested a 3 year visa, not a 1 year visa extension.

My current lawyer tells me that I can only benefit from that 240-day rule if I ask for a 1 year extension, which does’t line up with what my colleagues have done.

Can someone explain very specifically how one can benefit from that rule, while requesting for a 3-year O1B visa? 

With current wait times going through the roof, it seems like these extra 240 days would be really useful to many people, instead of having to stop working until approval like I had to do in the past.

Thanks,

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u/mx557 — 10 days ago