Changing from new O1 visa to H1B for PERM process

[bandu1979]

Hello,

 

I am a PhD working with a Fortune 500 company. My employer's legal team has suggested me to change my current O1 visa (valid from Sept 2013 to Sept 2016) to a new H1B visa to start my PERM process. They recommended to apply for a PERM process after getting a H1B visa. Why would they not apply for a PERM process from my current O1 visa? Wouldn't that be easier?

 

Any response would be much appreciated.

 

Thanks,

PG

[bandu1979]

I found the answer from another source. I thought the reply would be of help to someone else on the forum;

 

"If you hold O-1 status when we reach the AOS stage, then your O-1 status effectively goes away and you are solely relying on the Advance Parole for travel and EAD for employment.  Holding H-1B status at this stage allows for more flexibility for both you and for the company. Holding O-1 status would ground you in the US for a certain amount of time until the AP and EAD are approved and in-hand."