Jump to content
Sign in to follow this  
KathrynP

O-1 Visa - Losing Job

15 posts in this topic

Recommended Posts

I have a friend who has been in the US legally for six years on an O-1 visa. He has been let go from the job that sponsored him and does not want to leave the US. What are his options? He is married to a foreign national (O-2 visa?) but has 3 American-born children if those facts make a difference.

Share this post


Link to post
Share on other sites

The children do not make a difference (unless they are age 21+).


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites

I have a friend who has been in the US legally for six years on an O-1 visa. He has been let go from the job that sponsored him and does not want to leave the US. What are his options? He is married to a foreign national (O-2 visa?) but has 3 American-born children if those facts make a difference.

Options are either to leave or to look for another employer that would sponsor him for work visa. Children are meaningless here until they are at least 21 years old.

Share this post


Link to post
Share on other sites

Thanks. Next question: I've spent three hours reading the Internet and I'm even more confused. Can you adjust status just from an O visa to get a green card and eventually citizenship? I keep seeing references to adjusting status but I thought an O visa was a non-immigrant visa.

Share this post


Link to post
Share on other sites

Answer is no. You can adjust status from non immigrant visa when you get married to US citizen, get sponsored by employer or win DV lottery. Not because someone wants to. So may seen people adjusting from O visas but probably because they had a basis to do that...

Share this post


Link to post
Share on other sites

Why has he not gone the GC route before?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Options are either to leave or to look for another employer that would sponsor him for work visa. Children are meaningless here until they are at least 21 years old.

For immigration purposes anyway.. :lol:

What do you mean by 'get sponsored by employer'? What visa type is that?

If you have a US based employer, they can under certain circumstances sponsor you for a green card. To read more:

http://travel.state.gov/visa/immigrants/types/types_1323.html

Share this post


Link to post
Share on other sites

Why has he not gone the GC route before?

Sadly, he was naive and when his previous job said that they were getting him a green card, he believed them.

It looks like the best plan is find a job quickly that allows him to get another O-1 visa so he can stay and then apply for an EB-1 visa so hopefully he'll never be in this situation again.

Share this post


Link to post
Share on other sites

Sadly, he was naive and when his previous job said that they were getting him a green card, he believed them.

It looks like the best plan is find a job quickly that allows him to get another O-1 visa so he can stay and then apply for an EB-1 visa so hopefully he'll never be in this situation again.

It is little surprising that some with extra oridinary skill did not catch that his employeer had not filed for his GC.

If I m not wrong than on O visa you have 10 days of grace period.

Edited by Harsh_77

Share this post


Link to post
Share on other sites

Sadly, he was naive and when his previous job said that they were getting him a green card, he believed them.

It looks like the best plan is find a job quickly that allows him to get another O-1 visa so he can stay and then apply for an EB-1 visa so hopefully he'll never be in this situation again.

Just recognize that overstay can make ineligible for both...

Share this post


Link to post
Share on other sites

It is little surprising that some with extra oridinary skill did not catch that his employeer had not filed for his GC.

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills.

If I m not wrong than on O visa you have 10 days of grace period.

Thankfully he has another month before his last day at his 'previous' job. So that plus 10 days will hopefully be enough time to get another O-1 visa.

Share this post


Link to post
Share on other sites

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills.

Thankfully he has another month before his last day at his 'previous' job. So that plus 10 days will hopefully be enough time to get another O-1 visa.

This is why I recommend that folks adjust status upwards at each and every opportunity.

Share this post


Link to post
Share on other sites

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills.

Thankfully he has another month before his last day at his 'previous' job. So that plus 10 days will hopefully be enough time to get another O-1 visa.

Being an extraordinary athlete does not necessarily come along with extraordinary English or people skills. -- I guess :) surprising somebody would take such advantage telling they are filing for GC and never file for one.

Edited by Harsh_77

Share this post


Link to post
Share on other sites

Getting a job that quickly will be pretty extraordinary.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×