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H-1B to O-1 Visa Transition

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  • H-1B to O-1 Visa Transition

    Hello My Fellow Forum Users

    I would like to get some opinion on my current situation please. I would greatly appreciate if anyone could throw some light or share options that may be available.

    I am a British Citizen (Born in India) and currently working with a US University in an academic position on an academic H-1B (since Oct 2016). I also have an I-140 approval from an EB-1A petition (Priority Date 19 Oct 2018).

    While my university job continued, On 16 March 2020, I was offered a job/role with a US company. The US company filed a petition as the petitioner and my name as beneficiary for an O-1 visa.

    On 14 May 2020, the O-1 Petition got approved and the approval notice was received on 19 May 2020. However, since the approval, the company/hiring manager in the US are now deliberating to issue the paperwork/contract for the offered position/role, claiming COVID-19 related “hiring freeze” advised by the Senior Management?? Although they told me they will come back to me with a definite answer.

    Questions:

    1) I am also told that with the O-1 Petition approved, my University academic H-1B visa authorization with the US University ends?? But I have not yet tendered a resignation letter to University, while I am waiting to hear on the definite response about the US company's job contract. Should I tender my resignation to the University already or could I hold it until the US company job contract is issued ??

    2) What should happen, in case the US company refuses to issue me a contract outright– how long could I maintain a legal status in US and/or what is the grace period, with the approved O-1 visa in my hands?? Is there any thing else I could try ??

    3) If at all possible and in case I could to be re-hired by the same exact US university (that I've been working with so far), is there some way they could utilize the approved O-1 Visa or do they need to file a fresh academic H-1B, which would be quicker and/or easier turn around option?

    PLEASE APOLOGIZE IF THIS IS NOT THE RIGHT TOPIC-FORUM TO POST SEPARATELY BUT I AM NEW TO THIS PLACE.

    Please feedback your thoughts and suggestions and any similar experience or work around that could be offered. Thank you so much !!


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