I am in the U.S. on an O-1 status and I want to change my employer. Does my new employer have to file a new O-1 petition? Do I have to get a new visa stamp?

By June 30, 2020December 2nd, 2020Extraordinary Ability
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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.

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