Should I Do for My O-1 Job Change in the United States?
I am a TV producer working in United States with O1 visa. I may need to work with another project about a professional athlete team in the same company but in another city. Do I need to let the USCIS know this? Also, If I change employer in the future, what should I do for my status in United States?
If there has been material change in the terms and conditions of the O-1 visa holder's employment or the eligibility for the employment in United States, the O-1 employer should file an amended petition on USCIS Form I-129 with the USCIS Service Center where the original O-1visa petition was filed.
If an O-1 nonimmigrant wants to change employer in the United States, then the new employer should file a USCIS Form I-129 with the USCIS. If the previous O-1 visa petition was filed by an agent, not by the employer, then an amended Form I-129 petition must be filed with evidence relating to the new employer and a request for an extension of stay.
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.
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