Maybe it's too late but I applied for O-1 during my grace period of M-1. I got the approval, but USCIS said I'm not eligible to change the status in the us. I have all the documents with dates on clearly shows that I applied it during the grace period. My lawyer filed the motion to correct the fact. During that time, USCIS demanded the copy of I-94 again, but unfortunately it was lost. My lawyer said he couldn't replace it. After about 7 months, the motion was somehow approved but I had to leave the country and get the visa at the embassy in my country. Now the case is pending at USCIS again after the officer finding me not qualified. I know I have to talk to my lawyer and I have been. And I'm happy to wait. But I'm asking you guys if there's anything I could do to make things straight.
If you already left the U.S., it is water under the bridge. Apply for M-1 at the Consulate.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.
Irrelevant if you already departed the US. All you can now do is apply of the M-1visa at the consulate.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with my colleagues.
Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.