Now unemployed O1 visa

[JolyDan 13]

Hello VJers,

i'm writing for a member of my family. He came to the State (from Canada) on a O1 visa. Things went badly with the employers and the visa owner is now unemployed. The old boss is threatening him to have him deported. Is that even allowed? Is he allowed in the States for 6 months (He's a Canadian)? Can he search for a new job in the States and have another company sponsoring him?

Can he schedule an info-pass for more informations?

Thank you

[Transborderwife 4,666]

He would have to return to canada and re enter as a visitor. He cannot look for work as the visa is not valid and must immediately leave.

[Rob L 3,811]

Hello VJers,

i'm writing for a member of my family. He came to the State (from Canada) on a O1 visa. Things went badly with the employers and the visa owner is now unemployed. The old boss is threatening him to have him deported. Is that even allowed? Is he allowed in the States for 6 months (He's a Canadian)? Can he search for a new job in the States and have another company sponsoring him?

Can he schedule an info-pass for more informations?

Thank you

http://www.uscis.gov/working-united-states/temporary-workers/o-1-individuals-extraordinary-ability-or-achievement/o-1-visa-individuals-extraordinary-ability-or-achievement

Changing Employers

If you are an O-1 nonimmigrant in the United States and you want to change employers, then your new employer must file a Form I-129 with the USCIS office listed on the form instructions.

If the petition was filed by an agent, an amended petition must be filed with evidence relating to the new employer and a request for an extension of stay.

Material Change in Terms and Conditions of Employment

If there has been any material change in the terms and conditions of the beneficiary’s employment or the beneficiary’s eligibility, the petitioner must file an amended petition on Form I-129 with the Service Center where the original petition was filed.

Note: There are special rule for athletes. When professional athletes with O-1 nonimmigrant status are traded from one team to another, employment authorization will continue with the new team for 30 days during which time the new employer must file a new Form I-129. The simple act of filing the Form I-129, within this 30-day period, extends the employment authorization at least until the petition is adjudicated. If the new employer does not file a new Form I-129 within 30 days of the trade, the athlete loses his or her employment authorization. The athlete also loses his or her employment authorization if the new Form I-129 is denied.

Return Transportation

If the employment of an O nonimmigrant beneficiary is terminated for reasons other than voluntary resignation, the employer must pay for the reasonable cost of your return transportation to the O nonimmigrant’s last place of residence before entering into the United States. If an agent filed the petition for the employer, the agent and the employer are equally responsible for paying these costs.

[canadian_wife 1,822]

I believe an O visa is tied to a specific employer correct? So no, he cannot stay once that employment is terminated.

He'll need to leave the U.S. and then re-enter as a visitor.

good luck

[Rob L 3,811]

I believe an O visa is tied to a specific employer correct? So no, he cannot stay once that employment is terminated.

He'll need to leave the U.S. and then re-enter as a visitor.

good luck

Changing Employers

If you are an O-1 nonimmigrant in the United States and you want to change employers, then your new employer must file a Form I-129 with the USCIS office listed on the form instructions.

If the petition was filed by an agent, an amended petition must be filed with evidence relating to the new employer and a request for an extension of stay.

[canadian_wife 1,822]

Thanks!

Question - how long is the O visa holder allowed to stay in the US and look for work then? Surely it is not indefinite correct?

The OP is not asking about a currently employed O visa holder looking to change jobs. The OP is asking about an unemployed O visa holder looking for another employer. Can he then stay and look for work?

Good Luck