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I am currently working on an L1 visa. Have been in the US for 1.5 years.
A few weeks ago I wanted to change my job. Now I have an offer and the new employer is trying to sort out the visa.
Unfortunately, the H1B visas are gone for this year, and the employer can't wait until October to get me working in their team, so waiting for the new H1 visas is not an option.
After checking with their immigration attorneys, they now say the only option I have is to request an 'O' visa (they will support me).
'O' visas are available for top sportsmen, actors or scientists. The attorneys say I have a good-enough resume to apply for one (masters degree, published some articles and experience in top companies) but I still think the opportunities are not many, since I think my resume is really good but not outstanding enough for this type of visa.
My question is, how careful do I have to be when letting the company attorney to apply for a 'O' on my behalf? And specially, if the visa is denied is that going to impact my current L1 visa? I don't wanna end up with no visa at all! And also, is that going to be a 'bad record' next time I apply for a visa (probably H1)?
What about the positive case? Can I have the 'O' visa during the 2 weeks I will still work in my current company under an L1 (I have to give my company 2 weeks notice before leaving) before moving jobs?
I can't stop thinking the attorneys want the best for the company, that doesn't mean they want the best for me, so I am worried about the possibility they are applying for the visa on my behalf but not minding possible bad consequences for me if the visa is refused.
You do not qualify for a O visa unless you fit the category specifically.
You qualify for a L visa if the company has an office in your own country.
Yep, that's right. So my situation is I want to change from L1 to O1. The company's attorney thinks I qualify for a O visa but I wonder if they are too optimistic, and what would happen if the application is rejected.
I don't think many people outside of USCIS know much about the O visa, since none of us here are the international elite to whom they apply. I don't THINK denial of one visa is grounds for revocation of another (unless it's denied for a reason that would revoke the other visa--criminal record, for instance) but you'd better consult with your own immigration attorney. You could probably get a quick consultation for free or maybe even get your question answered over the phone.
You do not qualify for a O visa unless you fit the category specifically.
You qualify for a L visa if the company has an office in your own country.
You have to have worked for the company sponsoring the L1 visa in their overseas office for a certain time period prior to the application.
OP I would speak with a reputable immigration attorney independently if I was you. I'm pretty sure I recall a question on one of the forms I've filled out over the years regarding having ever been denied a visa.
In-house legal may not be specialized in immigration. For my own peace of mind I would consult a second opinion and make that a reputable firm with a proven track record. Unless the cv is impeccable and does support the requirements for "O" it makes no sense to gamble.
Thanks so much for the responses. I will definitely ask another attorney to get a second opinion. If you guys have any recommendations about someone you already hired to solve this kind of problem that would be great! As someone suggested, a 10 minute call would make it.
I don't think you will qualify for a "O" visa. You really need to be able to support your case and a denial is something you shouldn't take lightly. You have to disclose the denial on all further visa applications and if you won't they will find out.
Company lawyers are first and for most looking out for their client and that is not you...the denial will not affect the business but it will affect you.
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