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Can I hold an E-3 and an O-1 visa at the same time?

San Francisco, CA |

I'm on an E-3 visa and have been recently offered agent representation to be an actor. I have an extensive portfolio in Australia and have held an O-1 in the past. Can I hold both an E-3 and an O-1 at the same time? I don't want to give up my day job, but would like to go to auditions for gigs part time.

If I can't hold two statuses at the same time, is there an option for me to continue my employment under the E-3 and still get acting gigs?

Attorney Answers 4

Posted

You cannot hold two different non-immigrant visa categories simultaneously, but if your agent wishes to file an O-1 on your behalf (and assuming you meet the criteria for extraordinary ability in the arts), then your agent can file a change of status application on your behalf. You would not be able to begin work on the O-1 until the petition is approved. But you may be able to go on auditions while on the E-3 as long as you're not engaging in employment that is outside of the scope of your E-3. I recommend you speak with an experienced employment-based attorney to guide you through this process. Thank you.

This information is not intended to create an attorney-client relationship, as the information provided is extremely limited and without the benefit of having all facts available.

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Asker

Posted

So would I need to quit my E-3 job if I wanted to pursue the acting? Is there a way for me to do both?

Vidal Luis Cordova Jr.

Vidal Luis Cordova Jr.

Posted

No. It's either your E-3 job or acting with the O-1 but you can't do both.

Posted

No. You can file for change of status though. Consult with an experienced attorney who handles O-1s regularly.

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Posted

And other 55 different visas if you are eligible for each separately, applied and got those approved. You can only enter in one status at a time though which fits the purpose.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

I don't see why not. But obtaining an O-1 in acting is not so easy. I would certainly consult with an immigration attorney who is familiar with O-1 visas. Good luck.

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