H1 Academic to O1

M

mougc

Registered Users (C)
Hello All,

I would really appreciate the advise of experienced members.

I am a postdoc in a university in US on H1 Academic visa for the last two years (can extend it for another 4 years). Now I have got a job in the industry but the H1 quota is already over for this year and I cannot transfer my H1 Academic visa to H1 industry visa. So I am interested in O visa category. My questions are:

1) I want to transfer from H1Academic visa to O1 visa. Is it possible? If yes does the company sponsor your O1 visa or can you hire your own lawyer and self petition like EB1-EA to file O1 visa for you (not dependent on the company).

2)Does your filing for green card in EB2-NIW category (pending approval) affect your chances of O1 approval.

3)Does your filing for green card in EB1-EA category (pending approval) affect your chances of O1 approval.

4) Once you get your O1 visa, what is the procesdure to shift to another company?

5) Is there any restrictions on travelling? Once you get your O1 visa stamped in your home country US consulate (or canada or mexico) it is valid for how many years?

Thank you very much in advance
 
Read below:
mougc said:
Hello All,

I would really appreciate the advise of experienced members.

I am a postdoc in a university in US on H1 Academic visa for the last two years (can extend it for another 4 years). Now I have got a job in the industry but the H1 quota is already over for this year and I cannot transfer my H1 Academic visa to H1 industry visa. So I am interested in O visa category. My questions are:

1) I want to transfer from H1Academic visa to O1 visa. Is it possible? If yes does the company sponsor your O1 visa or can you hire your own lawyer and self petition like EB1-EA to file O1 visa for you (not dependent on the company).

Your company has to sponser, make sure you get a lawyer who knows the ins and outs of O1 visa and has a good success rate. Its easier for Academics, performers and entertainers to get o1, v difficult for industry folks.

2)Does your filing for green card in EB2-NIW category (pending approval) affect your chances of O1 approval.

Dont think so.

3)Does your filing for green card in EB1-EA category (pending approval) affect your chances of O1 approval.
Maybe, it can help.

4) Once you get your O1 visa, what is the procesdure to shift to another company?

You have to wait for the approval notice in the mail before you can join the new company. Hand it to your HR and fill in the form ( I 9 , I think, cant remember) and you are all set to work for your new company.

5) Is there any restrictions on travelling? Once you get your O1 visa stamped in your home country US consulate (or canada or mexico) it is valid for how many years?

No restrictions on your travelling once you have a stamped valid visa . It is valid for an initial period of 3 yrs and then extendable every yr.

Keep in mind, there is no O1 transfer like H1 transfer. Everytime you want to change employers, you have to file a new o1 petition and cannot change employers or join new employer till your new approval notice comes along. Hope this helps and good luck with your decision.

Thank you very much in advance
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Thank you very much chatterjee1 for your prompt and complete response. I really appreciate it.

I had one more question. If you get laid off while on O1 visa, how many days grace period do you get before you have to leave the country.

Also can you suggest me a good lawyer who is an expert on O1 visa.
 
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