Consequences of 'O' visa denial

[carlosCA]

Hi all,

I am currently working on an L1 visa. Have been in the US for 1.5 years.

A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.

Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.

After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).

'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.

My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?

What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?

I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.

Thanks so much for your help.
Carlos

 

[angela20]

O-1 visa or status is designed for aliens of extraordinary ability or achievement in the sciences, education, business, athletics, and arts. The "extraordinary ability" of O-1 visa requirement means that the individual is one of the small percentage who has risen to the very top of their field of endeavor.

O-1 petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. The O-1 regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the USCIS Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition.