Immigration Law Questions? Ask an Immigration Lawyer.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
The O1 may be an option for you and a way to buy you some time to remain in status.
That is the only other option available to you.
I cannot renender an opinion on what might be the success of this tact.
This is "safe" as it should be adjudicated before your OPT expires in September and that will give you the opportunity to continue to work if it is approved or to either deaprt or enroll in a PhD program if it is denied.
Thank you very much for your immediate reply. I am really frustrated with my current company because of their negligence towards my work visa(H1b).
Can I change my job on O1 visa status? means can I change my employer? Right now I am in very confusing state of mind. I am getting very good job offers with double pay but I cant change my job due to EAD expiration. SO can I change it once I get O1 visa? And can my current company apply for my green card if O1 visa denied?
I sympathize with your frustration. This is a very unfortunate situation.
Your EAD is still valid until September and that gives you enough time to have one of these new employers file an O petition for you.
If your current employer proceeds with the O visa application you can only work for them once your F1 OPT is expired.
If you want to change your job the new employer would have to file a new petition for you and change the O visa over to them. Like an H visa, an O visa is employer specific.
You do not have enough time to have a PERM or I-140 petition approved by the time your OPT expires in September. At minimum you need 6 months for an approval and time is not on your side.
I would suggest that you remain positive because we anticipate a new immigration law being passed sometime early summer. One of the provisions in th elaw is to double the number of available H1b visa numbers. It could very well be that the H1B category is re-opened for this coming fiscal year. Nothing is for sure now, but you can come back and check with me in a month on the status.
Thank you for your kind advice.
I really really hope that US will double H1b application numbers. I will be in touch with you for that.
What are the chances of re opening H1b visa this year? Shall I advice my company to be prepared? Because last time they have not started anything which is required for visa application?
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