Changing status from a B-1/B-2 visitor visa to an O or P visa
It is very possible for athletes and coaches to come to the United States and change their status from F-1 or B-1 (or another status) to P-1 and O-1 without leaving the United States. In these circumstances, the athlete or coach simply “changes” their status and is then considered as having the status they are approved for. However, changing status to P-1 or O-1 does not update a passport or automatically give the beneficiary a social security number. Extra steps need to be done before these benefits are finalized.
For more information on obtaining a social security number, please visit this link: https://www.sherrodsportsvisas.com/itin-ssn-foreign-athletes
For more information on getting passport updated, please visit this link: https://www.sherrodsportsvisas.com/p1-o1-visa-approval
Athletes and coaches change their immigration status from a visitor visa to another status, such as an P-1 or O-1 visa, when the following occurs:
The athlete or coach comes to the United States on a visa. This means if the athlete came on a ESTA visa waiver or without inspection then this criteria is not satisfied. The athlete cannot change status since they are not in the United States on a visa to change from.
The athlete or coach applies for O or P visa status while physically in the United States. You cannot change status if you are not in the United States at the time the petition is submitted to the United States.
The athlete or coach does not leave the United States while the new petition is pending. Leaving the United States before the petition is approved cancels the ability to change status.
What happens with my immigration status if I change status and then leave the United States?
Once you leave the U.S., you can only come back to the United States on the new visa status, such as an O-1 or P-1 visa, if the passport is updated to reflect this status. The only way to get the passport updated is to visit a United States consulate office in another country and have an interview. The beneficiary cannot have the passport updated with the new status any other way, such as bringing your approval notice to the airport or any customs and border control officer.
If an athlete or coach does leave the United States without getting the visa stamped, it is still potentially possible to come back to the United States. For example, if you still have a valid B visitor visa, you can come back on the visa. This is because your passport still reflects this status and it is valid. The potential danger for not being able to come back to the United States on the B visa would be if the terms of the B visitor visa were otherwise violated.
However, note that if the beneficiary comes to the United States, the visa that is on the passport controls their status open entry. If a beneficiary changes status to a P-1 or O-1 visa and comes back to the United States without updating their passport, they now have B visitor status upon entry and no longer O-1 or P-1 status. The beneficiary will have to be careful about not undertaking employment-related activities while in B-1 visitor status. The athlete or coach will have to leave the United States and come back on the approved visa to regain status or apply to change status again.