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::Preparation and Filing Procedure ::
Check List for Filing
Extension of Stay
For extensions of stay O and P status, the following should suffice:
I-129 and Supplement with proper fee, copy
of front and back of all I-94s, copy of the original I-797
approval notice, copy of original labor consultation (no new one is needed),
beneficiary list (if any), passport biographical data page(s)
and petitioner's letter explaining the basis for the request. The letter should state that the
nature of the underlying activities and services are the same, but that additional dates
(and venues) have been added. Any new contracts and a new itinerary
should be included. However, given the time it takes service centers to retrieve old files,
it is prudent simply to attach a full copy of the prior petition as well.
If a new petitioner is involved, the petition should be submitted in the form, order, and content
(including labor consultations) of new petitions, though the action requested on the I-129 form will be different.
Artists who wish to extend their stay in the U.S. - purely as tourists - beyond the date listed on the I-94 card must apply for a change in status to the B-2 visa classification.
Important note: All petitions to extend stay must be filed before the alien's original stay expires, as noted on the I-94 card. That the visa and/or underlying approved classification period may last longer than the I-94 is irrelevant! Also, if the alien leaves the U.S. before CIS grants the extension s/he may be readmitted in the same classification as before provided the old visa remains valid. Once that visa expires, however, the alien must obtain a new one before seeking to re-enter the U.S. in the desired classification, meaning the alien must await CIS approval of the pending petition. The same concept applies to Canadian citizens, except that they do not require visas.
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
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