My EB1A (Form I-140) got approved in August, 2018, which became my priority date. My country of origin is Mainland China and the current visa bulletin shows wait time that's not promising at all. It could take me another 1-2 years before I can file I-485. I want to freelance and start business soon (currently on H1B and therefore cannot do that). Would it make sense or possible to file an O1 in the meantime while I wait my priority date to become current?
O1 status is still employer specific so I do not see a benefit to changing from H1B because if employment is "unauthorized" in H1B status it is likely also not permitted in O1 status. Note that opening a business may be possible without violation of status if not actively involved in day-to-day management, but this is case specific and requires more facts.
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