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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106809
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have run out of my 01 visa on thursday along with my I94.

Customer Question

I have run out of my 01 visa on thursday along with my I94. I so so so want to stay in the states, but have one day to sort something out! now, yes I have had a lawyer and he said only today, after making false premises that he filed it today. so my question is, what do i do. this seems to me to be too late? What if the uscis does not get it on time and on top of that ,
what if what if. I have been told that it is all right and then on the other hand I have been told to leave and wait and see. I have had one three year 01 visa and one year extension. I should have left this lawyer but having gone through the last ones, I had become too dependant on him and he is a bully. I am so concerned and really do not what to leave. please help
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. When you say 01, do you mean B-1 or B-2? When does your stay expire?
Customer: replied 1 year ago.
i already said , thursday and its an 01
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
There is no such thing as an 01. Unless you mean O-1. If you are on O-1, we want you here as you are of extraordinary ability. It should be relatively easy for you to stay, but you should not have waited until the last minute to take care of this. While you do not need an employer to petition for you, are you currently employed? What type of employment?
Customer: replied 1 year ago.
you know what. I have already cancelled this service and do not think it helpful for me right now. of course I know that I should not have left it till last minuate but thats what you get with having a bad lawyer who you thought had done it and then altered it and altered it till last min . So my i64 runs out tomorrow and all i really wanted to know was , is it best to go back home and leave the country or can i stay if the visa has in fact been filed. that is all I want to know. i understand that as long as they receive it I am ok. or do I always then have to return on a visa if I miss this deadline?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Again, sorry for the delay. I am a practicing attorney with my own firm and sometimes I get busy. I should be available most of the day from now on to respond to you. I can help, no need to cancel the service. It's up to you. I do want to help. And as long as you file today or even tomorrow, you should be ok. Unfortunately, if you filed an I-539, it would be for a change of status which I don't think you need. You want to be on O-1 and we want you, as a country, to be on O-1. To extend your O-1 status, you will need to immediately file an I-129 with the O supplement. It would basically be filing almost the identical file that you used to get your original O-1, but with more updated information and financials and check marking the box for continuation of previously approved employment without change in employers if it is the same employer. If not, it would be change of employer. Here is the official link: http://www.uscis.gov/i-129 I STRONGLY recommend that you file today using express mail, with certified return receipt to have proof that they received it. Technically, while they do not need to get it by the deadline, it is better that they do and that you have proof that they received it. As to leaving, I would stay put and wait for the processing. If you need to leave, you could apply for a new O-1 visa outside of the U.S. That would be another option. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Thank you for your kindness and respect. Good luck to you.

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