Changing from new O1 visa to H1B for PERM process


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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.




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  • 2 weeks later...

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."

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