If you are currently in the U.S. on an O-1A or an O-1B status and you want to change your employer, you can do so, but your new employer will have to file a new O-1 petition with USCIS. You cannot simply start working for a different employer without filing a new petition with USCIS and without USCIS approving this petition.

When can I start working for the new employer?

You can only start working for the new employer once the new O-1 petition is approved. On June 22, 2020 USCIS resumed Premium Processing for O-1 petitions. This means, that USCIS will make a decision on your petition within 15 days (approval, denial, or a request for evidence). Once the petition is approved, you will be in an O-1 status and you will not need to leave the U.S. to get an O-1 visa stamp unless the petition was filed as a Consular Processing. However, once you leave the U.S., you will need to apply for an O-1 visa stamp to be able to enter the U.S. Please see our blog post on what is the difference between visa and status when you click here.

You can set up a consultation by clicking the link below.


To find out more about our services and fees contact Scott Legal, P.C

This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.