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The
Important Difference In Dual Intent for O-1 and H-1B |
| Hi
William, I am in the O-1 status, is the O-1 in dual intent same as H-1B status? Answer, Although the dual intent is recognized for both O-1 visa and H-1B visa on the question of labor certifications or immigrant petitions, O-1 nonimmigrants do not enjoy the same treatment as H-1B nonimmigrants after an application for Adjustment of Status Form I-485 is filed to USCIS. An H-1B applicant for Form I-485 Adjustment of Status who wishes to travel outside the U.S. and reenter while the I-485 application is pending can elect to travel either as an H-1B status, or on the basis of Advance Parole, if reentering the United States on advance parole. Although an O-1 applicant for Form I-485 Adjustment of Status can continue in O-1 status while an application for adjustment of status is pending, including filing for extension of O-1 stay when necessary, an O-1 adjustment applicant who wishes to travel outside the United States and reenter while the I-485 is pending must obtain advance parole (EAD card) before departing, or else the Adjustment Application will be considered abandoned. Reentering on advance parole would also require the alien to have an EAD card in order to continue working for the employer while the adjustment application is pending. |
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