O1 visa experience

phytoqueen said:
Anyone with O1 visa experience or comments?
Please share with us. Thanks.
Click to expand...

No personal experience. But here is what I know 2nd hand (through colleagues who went that route).

Colleague #1

did 1 year research on research J1 (no HRR) and managed to get 2 papers published. With some heavy support from his PIs collaborators around the world, he managed to get an O1 for his residency. Last year of his residency, one of the affiliated community hospitals sponsored him as chief resident for a outstanding researcher EB-1 green-card. That guy was US citizen at a point where us mortals still have to hope for their labor cert not getting screwed up.
--> loved it

Colleague #2

did residency and fellowship #1 on J1. Then got the runaround from the local VA for a J1 position. Got parked on a O1 for a year and fellowship #2 until a VA position was certified for J1 waiver.
---> hated it

Colleague #3

did residency and fellowship on J1, then became faculty. worked on O1 for 5 years and then received a 'HHS waiver for outstanding research' (50/50 odds).
---> loved it

Friend #4

post-doc on J1, got f_ed by his PI (who accepted DOS funding on his behalf) and ended up with HRR. Spent 8 years on O1 until he had accumulated 2 years of vacation back home.
---> hated it

So, it basically depends on what you get the O1 for. If this is a stop-gap to bridge time until a local academic waiver job becomes available, or if you get it up-front for research or residency, it is pretty neat. The conditions are basically the same as for the EB-1 EA green-card, so once you passed as exceptional once, you have precedent for further stuff down the line.

The main drawback is that it is only for 1 year at a time. So if you want to get a 30 year mortgage, having the 6 years of a H1b in your passport is giving you a better shot at convincing the banker than a 1 year visa. Also, some states only issue drivers licenses until the expiration of your visa. So you end up running to the DMV every year getting a new license (those are the same states where your cars registration lapses if your drivers license expires, so good luck).
 
O1 visa

What should I do to get Green Card after obtain O1 visa?
Can I just apply for I-140 and I-485?
Or do I need to do J1 waiver anyway at some point?
 
If you were on J-1 then you will need either a waiver (HHS waiver, etc) or fulfil the 2 year home requirements, before you can file for I-140/485.
 
phytoqueen said:
What should I do to get Green Card after obtain O1 visa?
Can I just apply for I-140 and I-485?
Or do I need to do J1 waiver anyway at some point?
Click to expand...

If you had a J1 with HRR before, then yes.

You can get out of it one of two ways:

- Return to your home country for extended 3 month vacations every year for about 8 years and accumulate your '2 years in the home country' that way.

- Obtain a waiver.

Often people who get O1s seem to go for the HHS waiver. The neat thing about the HHS waiver is that it just waives your HRR, no service obligation attached. They look at your research and say: 'heck, we are better off with this guy here than there' and remove the HRR. Once the HHS waiver is approved, you can file I140/I485 without delay.

Downside of the HHS waiver is that it is hard to get. You need some real hardcore bench research to get one. Publishing some case reports and getting your name tagged onto some multicenter study interim report doesn't cut it. Chances are apparently 50/50.
 
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