H1 to O1 transition


Registered Users (C)

my H1B expires in a few months. I am pursuing the possibility of applying for
an O1 visa. I have the following questions in this regards:

1) If your H1 expires while your O1 petition is pending,
   a) can you continue to work (I heard that there is a 3 mo grace period for H1 extensions)
   b) can you continue to stay in the country (my lawyer told me so).

2) What are the typical processing times for O1 petitions. I went to www.shusterman.com
    to find out. From the info there, I gather that O1 petition is filed using form I-129 (with
    an addendum?), and the processing times for I-129 seem to be 3-5 months (as for usual
    H1B petitions). So what is the skinny? Is an I-129 with O1 category processed faster
    than a new/renewal H1B petition?

3) Another bit of impression I gathered from a lawyer is that an O1 petition is somewhat similar to EB1-extra ordinary ability instead of my earlier impression that it is akin to EB1-outstanding researcher, in terms of the standards expected of your research accomplishments. If the "EB1/O1 gurus" out there could elaborate on this point, it\'d be
very helpful.

I would very much appreciate your responses.




Registered Users (C)
No Title

Once your H1B expires you have only a 10 days grace period and you cannot work and from the info I have having a pending I-129 aplication does not allow you to wait for the result inside the US, so unless you enter any any other status within 10 days you will have to leave the US or enter in ilegal status.
O1 visa aplication might take a while to process and not too easy to get so you must prepare for it very well.



New Member
No Title

The O-1 requires similar criteria as te EB-1. In fact, if you can get an O-1
you are also eligible for an EB-1. The O1 is , therefore, for persons who do
not want to acquire a green card or, are not eligible to apply for a green

I hope this clarifies your situation


Registered Users (C)
No Title

Hi boka,

Who says that O-1 holder can not acquire a Green Card ? On this discussion board you will find a few cases where person got O-1 then also qualified for EB1 and file I-485.

Not sure what you ment by "O1 is , therefore, for persons who do
not want to acquire a green card or, are not eligible to apply for a green card. "

Please explain.