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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28930
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello, I am seeking advice on my work visa. My company

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I am seeking advice on my work visa. My company could not file H1b visa for me this year and now they are trying to get O1 visa for me. I have two Masters from US (Engineering and business). I want to know how safe is this option, considering my future in US? Is their any other option for me because my EAD is expiring in September 2013.

Please advice me.

Thank you.

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.


Customer: replied 4 years ago.

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?


Thank you.

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.


Judith Ludwic and 3 other Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

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.



I am feeling confident. Touch base with me in a month.
You can request me by beginning your new question thread with "FOR JUDITH".

Customer: replied 4 years ago.

hello Judith,


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?



It would not hurt for them to be prepared by filing the LCA. It is good for 6 months and can have a validity date of 3 years. So if the new law is passed and you have an approved LCA the employer can file immediately.