Can I have a P1 Visa and O1-B visa in the USA at same time?

Question

I am a circus artist from Canada and I currently have a P1 visa, where I perform in the USA as part of a performance team. I am applying for an O-1B visa because I have been offered another employment opportunity in the same city, as an individual performer, with a separate company.

I know I can have a P and O visa at same time but can I be working for separate companies under each visa at same time? I heard I can only work for one company at a time since they require different visas.

The work/performances I do under the P1 visa is only part time and so I have lots of time off throughout the week to be working elsewhere. I want to make the most of my time here in the USA and so would like to be working/performing with both companies at same time.

Is there something specific I need to do on my form I-129 to show that I would like to get a concurrent visa but in a different category than a P1? Do I need to leave the USA and come back in under the new visa just to get the visa stamp in my passport? ( Canadians do not need to get actual visas into their passports for temporary work permits)

Answer 1

An individual can have more than one valid US nonimmigrant visa, as long as they are in different categories, as yours would be.

However, you can be in only one status at a time and, when entering the US, you have to state the purpose of your visit; the I-94 Record of Entry issued will reflect your answer. You can’t be admitted in two visa statuses simultaneously. USCIS temporary nonimmigrant category doesn’t describe any provision for that, nor for exceptions under the rules.

Note that both employee and employer have Federal tax reporting obligations which would reveal a concurrent period when an individual was working in the US.

Therefore, to remain in status, and avoid any risk to visas issued, you would want to depart and re-enter under the appropriate visa category.