S.F

Hey guys,

I've recently started working in the US on an O-1 visa and while I have several years before I need to consider other options, I'd like to be proactive about thinking long-term, especially since I've heard that immigrant visas are a fair bit more difficult.

Is there anyone who has "upgraded" from an O-1A to an EB1/2? I'd be really interested in hearing how different your paperwork was, how much (if any) of the O1 case you could reuse and how much needed to be added to make a proper argument for an immigrant visa.

Also, is there much difference between self-petitioning or having my employer sponsor? Does having a sponsor make things easier in any way and is there a minimum amount of time you must remain with the sponsor if the petition is successful?

Many thanks!

londonj

I recently successfully self petitioned for an EB-1 from an O-1. I added about 40 pieces of extra evidence mainly consisting of the "exceptional" work I have done while being in the US. I had seven letters.

Still took about five months from starting to speak to lawyers to actually filling the petition.

I am nearly 10 months in now and waiting for my green card to arrive in the post with premium posting and an RFE.

Hope this helps.

Orangepants

My OH is at the point of providing documents to the lawyers over and above what was submitted for the O-1. He is self petitioning with heavy support from his company. Lawyer would prefer if the company was sponsoring. Hoping to submit in September.

I will ask him what he is preparing and give you an outline. I know he said something about any/all contracts he had with any international clients to show high earnings/national acclaim and to send any press/publicity. Fortunately my OH was a bit of a narcissist and saved all his publicity.

The best person to ask is the lawyer who is familiar with your O-1- he can make a rational analysis of the holes that need filling. Good luck.

caleyjag

I have done this.

I took the intermediary step of changing to H-1B to avoid the restrictions on travel.

In my case everything went straight through without any trouble.

Chrisdc

Also did this. Paperwork was about double. Lawyer recommend whole new set of reco letters - which took six months to gather. Much cajoling and nagging...

zerlesen

It depends on the preference category. If you're going for EB1 "extraordinary ability" you need to convince USCIS that you do indeed have extraordinary ability. You've already done something similar in the course of getting the O-1, but as people have pointed out it's not exactly the same.

If your employer is willing to sponsor you in EB2 then there may be hurdles to clear involving the PERM process, but this would be handled by your employer. It's "easier" in the sense that you don't have to worry about it until the I-485 part (which your employer might even help with, although they don't have to). In my non-expert opinion, this route may require less of a judgment call on the part of USCIS - provided that the job actually qualifies, that is! - and so may be more straightforward than the "extraordinary ability" option.

You can even do both at once and see which works better - either one results in a green card. As long as you're not chargeable to India or China there is unlikely to be a significant difference in processing time between EB1 and EB2.

In principle there's no minimum time you must stay with the employer after the I-485 is approved. However, part of the employer-sponsored deal is that you and the employer, in your hearts, both regard the relationship as being ongoing. If you quit the day after your AOS is approved and go to work at Burger King instead then there is a chance that USCIS could someday look back and decide that the initial petition was not sincere. (On the other hand, if you get a better job offer in the same field a few months later and move on, that's probably fine.)