O-1 Visa - Losing Job

[KathrynP 0]

I have a friend who has been in the US legally for six years on an O-1 visa. He has been let go from the job that sponsored him and does not want to leave the US. What are his options? He is married to a foreign national (O-2 visa?) but has 3 American-born children if those facts make a difference.

[Anh map 2,098]

The children do not make a difference (unless they are age 21+).

[kzielu 1,149]

I have a friend who has been in the US legally for six years on an O-1 visa. He has been let go from the job that sponsored him and does not want to leave the US. What are his options? He is married to a foreign national (O-2 visa?) but has 3 American-born children if those facts make a difference.

Options are either to leave or to look for another employer that would sponsor him for work visa. Children are meaningless here until they are at least 21 years old.

[KathrynP 0]

Thanks. Next question: I've spent three hours reading the Internet and I'm even more confused. Can you adjust status just from an O visa to get a green card and eventually citizenship? I keep seeing references to adjusting status but I thought an O visa was a non-immigrant visa.

[kzielu 1,149]

Answer is no. You can adjust status from non immigrant visa when you get married to US citizen, get sponsored by employer or win DV lottery. Not because someone wants to. So may seen people adjusting from O visas but probably because they had a basis to do that...

[KathrynP 0]

What do you mean by 'get sponsored by employer'? What visa type is that?

Edited May 27, 2012 by KathrynP

[Boiler 45,787]

Why has he not gone the GC route before?

[jaycali 415]

Options are either to leave or to look for another employer that would sponsor him for work visa. Children are meaningless here until they are at least 21 years old.

For immigration purposes anyway..

What do you mean by 'get sponsored by employer'? What visa type is that?

If you have a US based employer, they can under certain circumstances sponsor you for a green card. To read more:

http://travel.state.gov/visa/immigrants/types/types_1323.html

[KathrynP 0]

Why has he not gone the GC route before?

Sadly, he was naive and when his previous job said that they were getting him a green card, he believed them.

It looks like the best plan is find a job quickly that allows him to get another O-1 visa so he can stay and then apply for an EB-1 visa so hopefully he'll never be in this situation again.

[Harsh_77 718]

Sadly, he was naive and when his previous job said that they were getting him a green card, he believed them.

It looks like the best plan is find a job quickly that allows him to get another O-1 visa so he can stay and then apply for an EB-1 visa so hopefully he'll never be in this situation again.

It is little surprising that some with extra oridinary skill did not catch that his employeer had not filed for his GC.

If I m not wrong than on O visa you have 10 days of grace period.

Edited May 30, 2012 by Harsh_77

[kzielu 1,149]

Sadly, he was naive and when his previous job said that they were getting him a green card, he believed them.

It looks like the best plan is find a job quickly that allows him to get another O-1 visa so he can stay and then apply for an EB-1 visa so hopefully he'll never be in this situation again.

Just recognize that overstay can make ineligible for both...

[KathrynP 0]

It is little surprising that some with extra oridinary skill did not catch that his employeer had not filed for his GC.

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills.

If I m not wrong than on O visa you have 10 days of grace period.

Thankfully he has another month before his last day at his 'previous' job. So that plus 10 days will hopefully be enough time to get another O-1 visa.

[Iyawo Ijebu 157]

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills.

Thankfully he has another month before his last day at his 'previous' job. So that plus 10 days will hopefully be enough time to get another O-1 visa.

This is why I recommend that folks adjust status upwards at each and every opportunity.

[Harsh_77 718]

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills.

Thankfully he has another month before his last day at his 'previous' job. So that plus 10 days will hopefully be enough time to get another O-1 visa.

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills. -- I guess surprising somebody would take such advantage telling they are filing for GC and never file for one.

Edited May 30, 2012 by Harsh_77

[Boiler 45,787]

Getting a job that quickly will be pretty extraordinary.