Sorry to dredge this up again guys, but a recent question from Tobin Whiting about changing from a non-imm B visa to a tourist visa, and the admin responses raised a question about what the criteria are for having to cancel an extension of stay.
In Tobin's case, he's on the original B visa which requires him to do a border bounce every 90 days. As such, he doesn't have an extension to cancel before he leaves the country and re-enters on a tourist visa. According to Tod Daniels' comment on that thread, if Tobin was on an Extension of Stay based on the non-imm B visa, he would have to cancel that Extension of Stay before he leaves the country and re-enters on a Tourist visa.
Here's why this raises a question in my mind. I am on an Extension of Stay based on an O-A visa and am planning to go to Savannakhet tomorrow to apply for a non-imm O visa based on marriage. I've been told by admins on this group that I do NOT have to cancel my O-A Extension of Stay before I go to Savannakhet to apply for a non-imm O visa based on marriage.
So my question is, why does an Extension of Stay based on a non-imm B visa need to be canceled before leaving the country and re-entering on a different type of visa (Tourist), but an Extension of Stay based on a non-imm O-A visa does NOT need to be canceled before leaving the country and re-entering on a different type of visa (non-imm O based on marriage)?
TLDR : Answer Summary
The discussion centers around the requirement to cancel an Extension of Stay when switching visa types. A user questioning why an Extension of Stay based on a non-imm B visa must be canceled upon switching to a tourist visa while one based on an O-A visa does not need to be canceled before pursuing a non-imm O visa based on marriage raises important points about the nature of the visa type. It is explained that employment-based extensions require cancellation due to the change in circumstances, while other extensions, such as those for retirees, remain valid as they derive from age rather than employment status.
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