I'm currently holding an O1 visa and working for a US employer as a scientist. The US employer plans to terminate my position in the States and put me under a permanent international transfer assignment to my home country so that I can fulfill the 2 year home residency requirement I have from a previous J1 visa while working for the foreign affiliate branch (still the same company). The company plans to have me return periodically to the US for face to face meetings but I will not be a US employee and will be on a foreign payroll. Will being terminated from the US branch lead me to lose my O1 visa?
You will not your visa if you are not overstaying. The trouble is, the visa only works in conjunction with the relevant employment opportunity in the USA. What good is the visa without that opportunity.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You appear to have potentially conflicting interests:
1. Desire to meet the 2 year HRR
2. Desire to 'work' in the US, not the foreign affiliate
3. Desire not to lose proper visa status
I think you should consider talking to an attorney in private. Many of us use Skype.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You will not be able to use your O-1 visa is you are no longer working for the US branch.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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