NotCasey

Hi Everyone -

I've been reading through tons of posts and I'm sure there's a lot more info on this somewhere, so sorry if I'm repeating questions and stuff like that!

I was granted an O1 in the arts in December of 2008 and I want to "upgrade" to an EB1. I've been liaising with my lawyer over this, but there are still so many questions! If anyone knows the answers or has any input, I would very much welcome it

1. Do I need to be in the US (or is it easier to be in the US) when applying for the EB1 from O1 status?

2. Is it much more difficult to get an EB1 than to get an O1? To be honest, I was surprised I got the O1. I have a lot more evidence now, but am still worried.

3. Do you have more of a chance of being approved for an EB1 if you currently have an O1? Or is that just wishful thinking on my part?

Thanks guys!

meauxna

There are two ways for you to get to EB-1 status:
-Adjust status from inside the US
-Apply for the visa outside the US. You *may* be able to stay in the US on your O-1 during this time.

You should ask your lawyer about the pros/cons to each method, for your situation. Both would result in Permanent Resident status (green card).

If you have the paperwork done for the O, you're certainly on your way with the EB-1 application work, which should positively impact your case.

NotCasey

Thanks Meauxna. I'm trying to figure out the best option in terms of timing - it's going to cost me about $6000 with all the legal/green card fees, plus $5000 to get out there again (downpayment on apt, etc). I am saving £1000 per month, so I will not have all of that together until the end of July. Since I can't afford to move back out there until then, I think I will get the application started about a month before I move and then get my status adjusted while I'm there on my O1?

Probably a stupid question, but is applying from inside looked upon more favorably that applying from outside??

meauxna

If you are not in the US at this time, the adjustment of status may not be an option for you. I read your post as if you are living in the US now with an O.

This is stuff you need to go over with your lawyer. Espcially the inside vs outside question. With some visas, your plan above is illegal.

NotCasey

It's illegal? How come? With the O1 I can come and go from the US as I please - I just got back last week. Since it doesn't expire until Dec 2011, going back in July will be totally fine. Do you mean that I can't travel whilst my application is going through? That I have to be in one place or another? If so, that makes more sense.

Noorah101

meauxna said "with SOME visas", not with YOUR visa. That means double check your plan with your lawyer to make sure you're allowed to enter the USA with your O-1 visa with the intent to adjust status to permanent resident.

Rene

S Folinsky

Hi There:

I don't give any advice here. However, I will note, in my experience, that many truly extraordinary, accomplished and amazing people have a charming modesty. It is often considered bad form to "toot your own horn."

I have a feeling that you will be welcome to the United States. I have heard the comment in the community at the California Institute of Technology that "U.S. immigration law is not rocket science." However, the statement is made with a "twist."

Good luck.

meauxna

Your O visa is a NON immigrant category. The EB-1 is an IMMIGRANT category. It is generally illegal to enter with a NON immigrant visa with the intention of adjusting status on that entry.

You need to find out which side of 'generally' you are on. If you need to travel during an AOS application, you need to find out the rules about that

Also, the information you're using with 'here' and 'there' and 'back' isn't helping.. I don't know where you are. Just know that once you apply for a green card (that is what the EB-1 application is), travel MAY be affected.

sangiano

Although not articulated in the INA as H and L visas are, O visas are dual intent under 8CFR.

The relevant section is 8CFR 214.2(o)(13) :

Nor is it necessary for an O visa holder to maintain a foreign residence.

It is certainly possible to apply for and be granted Adjustment of Status whilst on an O visa.

If Adjusting Status, the biggest difference is that an O visa holder MUST obtain an Advance Parole before travelling outside the USA since, unlike H and L visa holders, they cannot re-enter on their visa without abandoning the AOS application.

NotCasey

Ok...it's beginning to make sense. I am for sure going to be outside the US when the I-140 is processing. Once that is (hopefully) approved, I submit the application for a green card and for a work authorization certificate. As I am outside the US, I don't know if I submit an AOS at all or if this just applies to people currently in the US.

Noorah101

Adjustment of Status (AOS) only applies to people currently inside the USA.

Since you will be doing everything from outside the USA, you will not be doing an adjustment of status. I'm not familiar enough with this route to know if you are applying for an Immigrant Visa, or if you will get a green card directly from this route.

My understanding is that it's a pretty long process...are you planning to stay outside the USA the whole time? I'm not sure if you can continue using your O visa to come and go while the green card application is pending. I also don't think an Employment Authorization Document (EAD) is part of that process...applying for an EAD is part of the AOS process, which you aren't doing.

Rene

NotCasey

Hi Noorah, thanks for your reply (and everybody else, for that matter )

I don't think I apply for an EAD, but here's what I found out today: the process is split into two parts: the approval of the I-140, which takes around 4 months, and then when I get that I apply for the Green Card and a work authorization form - a piece of paper stating that I've been approved and am able to work. Unless I'm in the US I won't do the adjustment of status.

I also found out I can enter the US as I still have a valid working visa. I'm just not sure about timing and whether I'll be able to do this when my application is pending. So many questions for my oh so patient lawyer!!

meauxna

Where do you live??? Do you have a job in the US? Is your O visa still even valid (regardless of dates)??

NotCasey

I'm living in London at the moment. I don't have a "job", I have a sponsor (an agent). I live in Los Angeles when I'm working in the US.

CaledonCaliforn

I have a close friend who is doing this very thing - going from an 01 obtained via the London embassy in 2008 to self-sponsoring an EB1 inside the U.S. She filed through Texas Service Center Oct 13th, and just received notice that the I-140 (underlying "extraordinary ability" petition) has been approved. If all goes well with the I485, she'll have her green card by Christmas.

I had always thought that the main advantage of consular processing was that it was quicker. Based purely on personal observation, that doesn't seem to always hold true. In fact, if I were you, I'd absolutely do an AOS.