A question about O2 visa and eb1

[ltt7062 0]

Sorry I am new here but need some quick help. I am working on h1b ending soon on End of November, gathering evidence now for O1 visa, but company mentioned they want to do O2. I searched online seems O2 need maintain foreign resident. Does that mean I can not try apply Eb1 or transfer to O1 later?I have to leave USA to apply o1 or eb1? Is it true O2 have more limtes compare to O1? Also about the costing price for O1 and O2, is it the same?

Thanks a lot first

[HollywoodNorth 22]

I'm assuming you are in sports or entertainment/film industry? What do you do roughly?

There is a significant difference between O1 and O2. O1 is a dual intent visa which would allow you to file for a green card, and O2 is not a dual intent visa and you cannot intend to immigrate to the US while on O2 status.

Going from a dual intent H1B to a O2 seems like a step in a wrong direction unless your employer/agent feels that you do not meet the criteria for the O1. Can you file for a green card before your H1B expires?

If you are intending to get a green card, an O1 would be ideal. I'm guessing its cheaper to do an O2, because an O1 requires a lot more documentation in comparison.

I used to be an H1B worker and switched to O1 visas once I ran out of H1 renewals.

Edited April 12, 2016 by HollywoodNorth

[ltt7062 0]

I'm assuming you are in sports or entertainment/film industry? What do you do roughly?

There is a significant difference between O1 and O2. O1 is a dual intent visa which would allow you to file for a green card, and O2 is not a dual intent visa and you cannot intend to immigrate to the US while on O2 status.

Going from a dual intent H1B to a O2 seems like a step in a wrong direction unless your employer/agent feels that you do not meet the criteria for the O1. Can you file for a green card before your H1B expires?

If you are intending to get a green card, an O1 would be ideal. I'm guessing its cheaper to do an O2, because an O1 requires a lot more documentation in comparison.

I used to be an H1B worker and switched to O1 visas once I ran out of H1 renewals.

Yes, I work in animation film industry, I am not sure if O2 is that bad, I sent question to online lawyer chat, they said in theory I can do it, but I am very confused so want to ask here Edited April 12, 2016 by ltt7062

[jan22 3,056]

Bottom line, if the company chooses to pursue an O2 and you don't want it, you don't have to accept it. Of course, it would likely end your employment and you would need to find a new employer willing to petition for you or leave the US. The choice of work visa a company chooses to seek for you - as long as you meet the qualiications for it - is really up to the petitioning company.

[HollywoodNorth 22]

I worked in feature animation as well. [i worked at one of the big two in Burbank/Glendale]

I was in that situation of an H1B ending and I got an O1 as a replacement.

When I was hired, I stated I had a family green card petition underway with an H1B that was due to expire halfway through my contract, the HR and immigration legal team said they would file for an O1 on my behalf. It wasn't a big deal at the time and I thought nothing of it. [This was worked out on day one of my contract talks]

If your intention is to get a green card I would talk with your manager about this and ask for an O1. It sounds like they are already filing an O1 for another person and they plan to attach your O2 petition to that other persons O1.

Unless your manager is concerned that you may not have enough supporting documentation, I don't see why they wouldn't get an O1 for you instead.

If it's the studio in Burbank, then cost wouldn't be a issue, they have their own immigration lawyers on staff.

Edited April 12, 2016 by HollywoodNorth