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  • O-1 extension

    My O-1A visa will expire in July 2015. My employer wants to extend my visa and the immigration attorney office they work with told them it would be better to apply for a new H1-B visa. I am reluctant to do this since my eventual goal would be to apply for EB-1A or EB-2 NIW permanent residency.
    The attorney office claims that H1-B would be cheaper for my company since O-1 visas are extended in one-year increments. The required form I-129 filing fee is only $325.

    Does anyone know how much the immigration attorney could charge for the O-1 extension work?
    Isn't this just a routine work based on the original O-1 petition?

    Thanks for your help!

  • #2
    I am in the same situation, and was just awarded the H1b, which I will switch to, if I am not laid off....

    My understanding is that the visa you are on does not matter. Actually for the purpose of becoming a permanent resident having an H1b is a better option. O1 does not have double intention (work AND permanent resident) while H1B does. Also your credential for the O1 are reviewed when applying for renewal and there is always the chance that they won't think you meet the criteria. Also EB1 and EB2 have much higher standard than O1 and having O1 definitely does not mean you qualify for them.

    Before the H1B the company applied for my EB2 NIW with no problem and I am waiting to hear. Word on the street is that when the company applies for your EB-2 NIW it gets awarded pretty much every time.

    Good luck!

    Matt

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    • #3
      I am not sure if the statements below are entirely accurate. O-1 visa holders do not need to submit an LCA and do not have to prove that they are abandoning their home country. So no such thing that H1b is better for GC than O-1. Your GC application will evaluated on its own merit. Talk to your immigration lawyer or petitioner about it. Since your are on o-1 , I am assuming that you will apply in EB-1 category. You can apply for GC yourself too!

      daru


      Originally posted by matteonyc View Post
      I am in the same situation, and was just awarded the H1b, which I will switch to, if I am not laid off....

      My understanding is that the visa you are on does not matter. Actually for the purpose of becoming a permanent resident having an H1b is a better option. O1 does not have double intention (work AND permanent resident) while H1B does. Also your credential for the O1 are reviewed when applying for renewal and there is always the chance that they won't think you meet the criteria. Also EB1 and EB2 have much higher standard than O1 and having O1 definitely does not mean you qualify for them.

      Before the H1B the company applied for my EB2 NIW with no problem and I am waiting to hear. Word on the street is that when the company applies for your EB-2 NIW it gets awarded pretty much every time.

      Good luck!

      Matt

      Comment

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