My H-1B Visa Will Reach 6 Year Limit Soon, May I Change To O-1 Visa? 

Dr. William:

I am a research associate in an university with H-1B visa. I submitted my I-140 application in EB1 Extraordinary Ability category, and still waiting for USCIS approval.

But now, my H-1B visa will reach 6 year limit soon, I just want to know that if I am eligible to apply for O-1 visa, so I will not have  H-1B visa 6 year limit problem.


Answer:

O-1 visa is for someone who has "extraordinary ability" in his/her field of sciences, education, arts, athletes, and business. The O-1 holder enjoys all the benefits which are not allowed in other employment-based nonimmigrant categories. 

If you have applied for I-140 application in EB1 Extraordinary Ability category, you may qualify for O-1 visa. So you will not subject to the labor condition application unlike H-1B. More importantly, after changing to O-1 visa status, you do not have H-1B 6-year limit. 

 

 

 

 

     

 

 

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