Lawbench will load in a few seconds

Continue to Lawbench
Loading…

Question

I was on the J1 visa and received a waiver for the home country requirement. And, my employer (university) applied for the H1B visa and I changed my visa type to H1B cap-exempt visa, which is valid through 02/01/21. I received a job offer from a company. The employer says that I come under the H1B cap category and is not willing to file the H1B visa for me. And, they are interested to sponsor the O-1 visa and start the work from February 2021. What is the best option for me? Is my employer allowed to file the H1B visa under the cap-exempt category? Am I eligible for the O-1 visa? Can I request to file the O-1 visa? I appreciate it very much if you can assist us. My CV can be found at https://drive.google.com/file/d/10ELUprskpZ7C9V8TIrU-LU4BAcAMSdvy/edit Thank you.

User's Location: laramie, Alabama, United States of America

Category: H1B Visa (Work Visa)