O1A Validity

The O-1, like the H1B, is a temporary status, and holding an O-1 status does not preclude a foreign national from applying for a change of status or lawful permanent residence.

A person in J1 status, who is subject to the 212 (e), two-year home residency requirement may be eligible to apply for an O-1 status. The caveat is that once the USCIS approves the O-1, the individual will have to travel abroad to apply for the O-1 visa at a U.S. Consulate and re-enter the U.S. as an O-1 before working in that status; however, being granted an O-1 does not remove the two-year foreign residency requirement.