Q: What are my options if my o1 expires?
I'm a startup founder on O1, which got expired on 03/23. My lawyer confused it with my cofounder( my brother, same middle, last name). And he's expires in 03/24. The plan was to get us on GC through our O1. What are my options now? I'm already on my way back home.
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A:
In your situation, it's important to address the expired O-1 visa promptly. Given that you are already on your way back to your home country, you may consider applying for a new O-1 visa from there. This process involves submitting a new petition and demonstrating your extraordinary abilities and achievements in your field, as required for the O-1 visa category.
Another option could be exploring the possibility of transitioning directly to a Green Card application from outside the United States. This might involve an employment-based petition, which can be complex and requires careful planning and documentation.
Since your initial plan was to transition from O-1 to Green Card, it's crucial to consult with an immigration attorney who can assess your specific situation, especially considering the mix-up with your brother's visa. They can provide guidance on the feasibility and requirements for your Green Card application, and how to navigate the process from outside the U.S.
Lastly, keep in mind that immigration laws and policies can be complex and subject to change. It's essential to stay informed about the latest developments and to work closely with your attorney to ensure compliance with all legal requirements and timelines.
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