H1b to O1 anyone?

[prachew]

Hi

I'm on my 7th year extension of H1b. With labor processing at all time slow right now, i do not see any quick way to get the GC. The only option i have is to renew my H1b every year and work for the same company. Am i right or do i have any options. What about the O1 visa. I read somewhere that H1bs can convert to O1 provided they show some extraordinary abilities. Can someonw throw some light on this. Any experience???????

 

[wik]

Hi

I'm on my 7th year extension of H1b. With labor processing at all time slow right now, i do not see any quick way to get the GC. The only option i have is to renew my H1b every year and work for the same company. Am i right or do i have any options. What about the O1 visa. I read somewhere that H1bs can convert to O1 provided they show some extraordinary abilities. Can someonw throw some light on this. Any experience???????

I worked with a guy in the late 90s who exhausted his H1B, applied for O-1 and got it, so it can be done. The burden of proof for an O-1 is quite substantial. You must meet at least three of ten criteria, and such qualifications must be extensively documented:

1. Prizes or awards
2. Membership in associations (by invitation)
3. Published material about the alien
4. Judging (of others, by the applicant)
5. Artistic contributions of major significance
6. Authorship of scholarly articles
7. Display of work, exhibtions
8. Played a leading or critical role for organizations that have a distinguished reputation
9. Commanded a high salary
10. Commercial success in performing arts

I was on an O-1 since 1993 (just after the O-1 category was created). Recently my Green Card was approved in the EB1-EA category which is a natural path for an O-1 applicant. Good luck!