O1 visa transfer to other employer with an approved I-140 under EB1B

USA
1

Hi Anil,
I have two more questions - couldn’t find the latest EB1 forum to add the queries:

  1. I hold O1 visa with an approved I-140 under EB1B. If I were to change employers, do they need to sponsor both I-140 and O1 again? Are there any benefits of getting my own I-140 with EB1A (for changing employers)?
  2. I do get a lot of consulting opportunities (which I believe I cannot take under O1), but recently been contacted for being an advisory board member and angel investor with stock options and 401K options every 3 months. Is that allowed on O-1?
    Sorry for the wrong thread, kindly feel free to move if needed.
    Thank you again for all your guidance,
    Sincerely,
    Kasturi
2

O1 visa transfer will need a new sponsor employer.

Self sponsored EB1 green card can be done without the need of an employer sponsorship.

You are bound by the O-1 visa terms and may not work outside of those terms.

3

Understood. Any worth in filing Eb1A to get the self-petitioned I-140 in light of several years backlog? Any hopes of dates moving ahead sooner for Eb1? My PD is Apr 2023.
Also, saw that lawyers updated my profile for 240 days extension - dont know why so if I already have an approved O-1 till next year Oct 2024 and an approved I-140. Any thoughts?
Many thanks,
Kind regards,
Kasturi

4

EB1A is your personal choice.

If you are eligible, then I would strongly say go for it as it detaches you from the employer sponsorship dependency.

EB1 dates will also be backlogged now as no spillovers are happening.