You will need to be outside of the US for 1 year (doesn't have to be your home country, could be canada for all USCIS cares).
But what is wrong with O1? If you managed to get O1, you should have a decent shot for an extraordinary ability (EB-1) or national interest waiver (EB-2) green card.
As far as I know, you really have to physically leave the country in this situation (unless you enter the diplomatic service of your home country and they send you back to the US for that year).
Hi Kamranriaz.
Could you give some more details on your EB 1 rejection? Reasons etc. Did you use an attorney. Does any other physician has had EB 1 expirience?
Hi. i read ur post...i m sorry but i dont have any advice to make....instead need one from u! i am a FMG and going to apply for surgery residency in US next year. but for now, i am getting a research assistantship offer on H1 and it wud be atleast 1 yr on this H1 visa before i may get into a residency and the surgery residency is itself 5-6 yrs. so i wanted to know what i shud do in this case? not go for the research assistanship spot or else try to get H1 to O1 transfer later when i finish my h1 status in my residency? pls advice..ur help wud be greatly appreciated,
regards
Kunal
Not enough evidence to support the application. I submitted several letters in support of application, more than 15 years of experience, several post graduate qualifications from UK and USA including MRCP, FACC, ect, and 11 abstracts, publications, case reports.
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