L1, O1, Cap exempt H1B?

[Sthomas]

Hi guys,

I did not get through the lottery this year. I have few questions about other options that my company is trying to figure out? Could you guys please elaborate in detail what each of them mean? Please

1. )My company is trying to get me to work in a research institute, I am aware that working in a research institute is H1B cap exempt? What does cap exempt mean?
Also, can I bring my spouse on H4?
2.)They are also looking for O1 visa as an option. How does that work? Can I get my spouse with me with a O1 visa?
3.)Additionally, they are also focusing on L1. Like, sending me to Canada for a year to work.
Please explain how all these options work and which one is the best. I am getting married this year. I need to get my spouse here. Can I go out of the country and get back with out any issues? Please suggest.

Thanks in advance.

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[DesiOPT-FaceBook-Admin]

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[DesiOPT-FaceBook-Fan]

1 if it non profit research org then yes ..
2 o1 is for extraordinary ability visa .. u should show exceptional performance in u r field ..
3 L1 is a intra company transfer.. eligibility for this is u have to work in its foreign affiliate for 1 yr and u should have special knowledge in company product or service ..

[DesiOPT-FaceBook-Fan]

1 if it non profit research org then yes ..
2 o1 is for extraordinary ability visa .. u should show exceptional performance in u r field ..
3 L1 is a intra company transfer.. eligibility for this is u have to work in its foreign affiliate for 1 yr and u should have special knowledge in company product or service ..

u can also choose j1 visa for research

[DesiOPT-FaceBook-Fan]

1 if it non profit research org then yes ..
2 o1 is for extraordinary ability visa .. u should show exceptional performance in u r field ..
3 L1 is a intra company transfer.. eligibility for this is u have to work in its foreign affiliate for 1 yr and u should have special knowledge in company product or service ..

i just gave you out line of diff visa programs ..

[DesiOPT-FaceBook-Fan]

1 if it non profit research org then yes ..
2 o1 is for extraordinary ability visa .. u should show exceptional performance in u r field ..
3 L1 is a intra company transfer.. eligibility for this is u have to work in its foreign affiliate for 1 yr and u should have special knowledge in company product or service ..

do u knw any name of non profit organizations.?

[DesiOPT-FaceBook-Fan]

Does anyone know if employer can file i 140 from f1 visa? I have read in some forums whose i 140s have been approved from f1 visa.

[lisaanderson]

Hi guys,

I did not get through the lottery this year. I have few questions about other options that my company is trying to figure out? Could you guys please elaborate in detail what each of them mean? Please

1. )My company is trying to get me to work in a research institute, I am aware that working in a research institute is H1B cap exempt? What does cap exempt mean?
Also, can I bring my spouse on H4?
2.)They are also looking for O1 visa as an option. How does that work? Can I get my spouse with me with a O1 visa?
3.)Additionally, they are also focusing on L1. Like, sending me to Canada for a year to work.
Please explain how all these options work and which one is the best. I am getting married this year. I need to get my spouse here. Can I go out of the country and get back with out any issues? Please suggest.

Thanks in advance.

1. Some employers can get around the cap because the institution where you are working is exempt from the H-1B cap. You would still be in H-1B status if approved, so your spouse can get H-4. It’s just that you are avoiding the H-1B cap and lottery.
2. The O-1 is for those with “extraordinary ability.” Do a search on the internet and you will find lots of information. Your spouse could come to the U.S. on O-3 if you get O-1.
3. L-1 is for intracompany transferee. If you work for an affiliated company for 1 year abroad, they can bring you back as an Executive/Manager or as someone with Specialized Knowledge. Your spouse could get L-2 and then even apply for EAD. However, if you’re going to Canada, then your company will need to take care of a visa for you to work in Canada, and for your wife as well.