I am on O1 visa that is a work visa but a dual intend visa. The initial duration is for three years and that follows unlimited one year extensions. I recently applied to I485 (March 3rd 2003)after getting approved for EB1 petition. Apparently I understand from this forum that my I485 will be through only after two years. Now I am completing three years time onO1 visa and need an extension if I need to be on work visa. I can not apply for extension as this is a dual intend visa. I can switch my status to EAD that I already have now. Instead of buying EADs for every 10 months, can I apply for H1b visa, which is not a dual intend visa. If I get a fresh H1b, I need not worry for another six years about work. I have a university faculty position that is a stable job. Any thoughts are appreciated.
Any thoughts??
- Thread starter suryasaha
- Start date
leroythelion
Registered Users (C)
Yes, you can switch to H1B.
Brian
There is mistake. O-1 visa is not a dual intent visa, but instead H-1b is the one.
Dual inted means that you eather decide to work as a visa holder or can apply for a green card. Please correct me if I am wrong.
I had an O-1 visa. NIH gave me only 2 years. I moved to the company and extended for the third. Then I filed I-140 and was afraid to extend further O-1. I went for EAD. May be this was a mistake. I should have file for H-1, but my company was in very bad health at that time.
Now I am stuck with single I-140 EA petition on EAD without status. I-140 got RFE.
Feels like in hell, isnt it.
Dual inted means that you eather decide to work as a visa holder or can apply for a green card. Please correct me if I am wrong.
I had an O-1 visa. NIH gave me only 2 years. I moved to the company and extended for the third. Then I filed I-140 and was afraid to extend further O-1. I went for EAD. May be this was a mistake. I should have file for H-1, but my company was in very bad health at that time.
Now I am stuck with single I-140 EA petition on EAD without status. I-140 got RFE.
Feels like in hell, isnt it.
suryasaha,
Your thought is wrong. O-1 is a non-immigrant-not duel intend visa, instead H-1 is a duel intend visa. If you have applied for I-485 and have a faculty position in the University, I should say just use your EAD and you will be approved in 1-2 years. Also EAD renewal is for one year, not 10 months and you can renew it without any lawyer. It's very simple and straight forward. Some peoples use EAD and some stay on H-1. That's your choice. But EAD is much more felxible than H-1.
fikabir
Your thought is wrong. O-1 is a non-immigrant-not duel intend visa, instead H-1 is a duel intend visa. If you have applied for I-485 and have a faculty position in the University, I should say just use your EAD and you will be approved in 1-2 years. Also EAD renewal is for one year, not 10 months and you can renew it without any lawyer. It's very simple and straight forward. Some peoples use EAD and some stay on H-1. That's your choice. But EAD is much more felxible than H-1.
fikabir
Bystander6
Registered Users (C)
O-1 and H-1B are both dual intent visa!
I have attached o1o2visarules.pdf published by BCIS on Aug. 8, 2003. In the section title "Distinctions Between the O-1 and O-2 Classifications", you can find that BCIS rules that O-1 is a dual intent visa whereas O-2 is not.
I have attached o1o2visarules.pdf published by BCIS on Aug. 8, 2003. In the section title "Distinctions Between the O-1 and O-2 Classifications", you can find that BCIS rules that O-1 is a dual intent visa whereas O-2 is not.
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