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Old 02-16-2010, 02:56 PM
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Default 6 Years in H1B - Try O-1 visa

O-1 VISA, OPTION FOR H1B HOLDERS WHOSE H1B STATUS WILL EXPIRE BY THE SIXTH YEAR -VIABLE OPTION FOR INFORMATION TECHNOLOGY PROFESSIONALS OR OTHER H1B STATUS HOLDERS

The O-1 visa is an ideal temporary work visa for an individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics. The USCIS makes a determination that an individual is eligible for the O-1 visa if the individual demonstrates national or international acclaim and intends to continue to work in the area of extraordinary ability. The intial grant of the O-1 visa is for three years with extensions in one year increments subsequently. The one year extensions can continue indefinitely.The H1b is valid for a total stay in the US of six years. Individuals who have filed for the perm process and have the perm labor pending for over one year prior to the expiration of the six year H1b stay are eligible to extend the H1b stay in one year increments beyond the sixth year. Often times, we have seen foreign nationals running out of the H1b stay period and being forced to return to the home country as their perm labor has been filed late and is pending for under one year. The foreign nationals do have some options; if the spouse is on H1b for less than the six year period, the foreign national can switch to the H4 dependent status. The foreign national should also ensure that he/she has recaptured all days phycially spend out of the US which will not count towards the six year h1b stay period. Now if the foreign national does not have such options as abovementioned and seeks to continue to work in the US, another option can be the O-1 visa.The requirement of the O-1 visa are specified below and H1b holders have been successful in changing status to the O-1 visa based on the fact that they demonstrated extraordinary ability in the sciences/ business and national or international acclaim and recognition for achievements in the field of expertise. Such individuals who feel they meet the requirements must demonstrate:

Evidence includes receipt of a major, internationally recognized award; or at least three of the following:

1. Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;

3. Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;

4. Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;

5. Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;

6. Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;

7. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;

8. Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence. An indiviudal in the information technolgoy field can provide evidence: of an award demonstrating excellence in the information technology field membership in an association requirement outstanding achievements by the individual in order to be a qualifying member of the organization; published material; etc.
An individual who has demonstrated great strives in the field can most likely meet these requirement.Hence the O-1 visa should not be discounted as an option.
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GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.

Last edited by dealsnet; 02-16-2010 at 03:15 PM.
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  #2 (permalink)  
Old 02-16-2010, 05:54 PM
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Default

If any one (most of them) meets 3 of those criteria, they would have applied under EB1 or would care less about the whole pain and suffering in this journey and pack....

those guys will not be here reading this -
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Old 02-17-2010, 10:21 AM
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Default Eb1

For EB1 (non-multinational managers), need at least a PhD. O-1 need advancement of skills in their respective field. That is why they want to see the publishments. So, if you are very good in your field, US will keep you here. Real good intelligent people can have this option. I want to see how many IV members are used O-1 visa. If any one out there, please share your experience. I have seen one person with O-1 visa asked some questions in this forum.

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Originally Posted by sdrblr View Post
If any one (most of them) meets 3 of those criteria, they would have applied under EB1 or would care less about the whole pain and suffering in this journey and pack....

those guys will not be here reading this -
__________________
Proud to be Indian and American resident.
GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.

Last edited by dealsnet; 02-17-2010 at 10:48 AM.
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Old 11-07-2016, 06:03 PM
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chintanshah0123 is on a distinguished road
Question Green Card

Suppose I get accepted for o1, how long do I have to wait before I apply for green card? Also can I apply for green card or I have get married here?

Hoping to hear from you guys.
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Old 11-09-2016, 04:50 AM
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fifabest is on a distinguished road
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