Plz advise: EB1/OR vs O visa

D

doitrite

Registered Users (C)
I'm a biochemistry postdoc, in the middle of job offer negotiation with a major US pharmaceutical. Because my H1B is from a cap-exempt sponsor (I'm an academic postdoc), I won't be able to work before Oct 2004, if I choose to go with H1B. (Practically, my prospective employer won't wait for seven months from now.)

My questions are:

1) I'm strongly inclined to push my future employer to consider other visa options such as EB1/OR or O visa. Are there any other visa types?

2) Which one, in general, is easier to get aproval among O visa, EB1/OR, and EB2/NIW (self-petition)?

3) If my career changes from academics to industry (without significant changes in skill sets required for job functions), would such change hurt my case in EB1/OR or EB2/NIW?

4) If I do concurrent filing (I-140/I-485) for EB1/OR, would I get EAD (or temporary EAD) in 90 days?

5) In case, say, EB1/OR won't go smoothly later on, could I still apply again for H1B (I used approx 3 yrs now)?

Thank you for your attention, and sorry about too many questions. I'd really appreciate even if you have partial answers to the above.

doitrite
 
There is a big difference between O-1 visa and I140, I140 is not a visa and you would normally need an employer to apply for that (unless if you do it yourself).

In your case I advice you to try for an O-1. The procedure is very similar to I140-EB12. I got on O-1 visa myself when the 6-year limit on my H-1 was reached. Normally O-1 is considered to be a little harder to obtain than 140-EB12 (OR).

You can apply for O-1 via premium processing, you will know the result in about 2 weeks.

Good luck.

Max
 
At least it was. 2 years ago. I paid 1000$ myself and got it in 2 weeks.

Should be still the same.
 
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