Wife laid off on O-1 visa – what now?

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longslowclapNew Member
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Joined: Wed May 28, 2014 5:14 pm

Wife laid off on O-1 visa – what now?

Post Sat Feb 02, 2019 8:46 am

My wife was laid off yesterday and she's on the O-1 visa. There is a lot of competing information out there.

1) Is there any "grace" period to figure out our next steps? Government website says no, but new legislation introduced in 2017 says she has 60 days.

2) Can we file some kind of O-1 amendment to keep the visa so she can freelance or find another employer? Or is the O-1 only tied to her job, thus impossible to continue right now? (Unless, maybe, there's a grace period where we can find a new employer to transfer it to?)

3) I'm on an H1-B. It seems we can apply for an H-4. Does she need an employer already, or can she just get the visa and amend the H-4 with an employer once she gets one?

Thanks for your help at this difficult time.

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