Got the O1!
May 28th 2009, 12:14 pm
#16
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
May 28th 2009, 1:30 pm
#17
Forum Regular
Joined: Feb 2008
Location: Nowhereland
Posts: 175
Re: Got the O1!
Congrats!
Its great to see that there is a way for exceptional people to follow their dreams!!!
Its great to see that there is a way for exceptional people to follow their dreams!!!
May 28th 2009, 1:35 pm
#18
BE Forum Addict
Joined: Nov 2007
Location: Beautiful Dorset, UK
Posts: 2,195
Re: Got the O1!
Congrats - fab news! 
May 28th 2009, 2:10 pm
#19
Forum Regular
Joined: Sep 2007
Posts: 140
Re: Got the O1!
Congrats on the O-1.
I remember the process well, so I can understand the relief that it's over (nearly).
As for the O-1 vs H-1B:
The O-1 is better in that it can be renewed indefinitely. However, after the initial 3 years, it has to be renewed in 1 year increments, which is a pain and costly to the company. TBH, I think 3 years is enough to sort out the GC.
A disadvantage is that once you start the GC process and go into AOS, to travel outside US, you must have Advance Parole in hand, with can take 3 months to get. Otherwise you are deemed to have abandoned your GC application. On H1-B you can travel without the need for AP. The visa must be in your passport, not just approved. If you travel a lot for work, this can be an issue, as you are "landlocked" until the AP arrives.
I am desperately hoping my AP arrives in time for an August trip to the UK I booked months ago and before the company finally agreed to process our GC application.
I would echo dbj1000 and try to get the GC process going as soon as possible. You may have a shot at EB1-B as well as EB2-NIW. I agree, the O-1 status does look a lot better, as you have already proved you are "extraordinary".
I can't comment on EB2-NIW which dbj1000 has more expertise in, but for EB1-B I would not use the same evidence package. We found the support letters to be markedly different from those used for the O-1 petition.
dbj1000 gave us great advice when we first came here on the GC route and if a bit OT I would like to thank him for that again.
Good luck, hope all goes well.
I remember the process well, so I can understand the relief that it's over (nearly).
I don't understand that advice at all, and I think you should maybe start another thread to get Folinsky and Fong's views.
In your position I would immediately take the exact same evidence package used for the O1 and submit it in support of a National Interest Waiver for a Green Card application. In my view, being here on an O1 makes the NIW application much stronger than being here on an H1-B, since the O1 and the NIW are effectively saying the same thing - that your presence in the US is advantageous to the country.
Hell, if you got an NIW application in now, you could potentially have a Green Card by the end of the year, and then you could stop this endless cycle of visas!
In your position I would immediately take the exact same evidence package used for the O1 and submit it in support of a National Interest Waiver for a Green Card application. In my view, being here on an O1 makes the NIW application much stronger than being here on an H1-B, since the O1 and the NIW are effectively saying the same thing - that your presence in the US is advantageous to the country.
Hell, if you got an NIW application in now, you could potentially have a Green Card by the end of the year, and then you could stop this endless cycle of visas!
The O-1 is better in that it can be renewed indefinitely. However, after the initial 3 years, it has to be renewed in 1 year increments, which is a pain and costly to the company. TBH, I think 3 years is enough to sort out the GC.
A disadvantage is that once you start the GC process and go into AOS, to travel outside US, you must have Advance Parole in hand, with can take 3 months to get. Otherwise you are deemed to have abandoned your GC application. On H1-B you can travel without the need for AP. The visa must be in your passport, not just approved. If you travel a lot for work, this can be an issue, as you are "landlocked" until the AP arrives.
I am desperately hoping my AP arrives in time for an August trip to the UK I booked months ago and before the company finally agreed to process our GC application.
I would echo dbj1000 and try to get the GC process going as soon as possible. You may have a shot at EB1-B as well as EB2-NIW. I agree, the O-1 status does look a lot better, as you have already proved you are "extraordinary".
I can't comment on EB2-NIW which dbj1000 has more expertise in, but for EB1-B I would not use the same evidence package. We found the support letters to be markedly different from those used for the O-1 petition.
dbj1000 gave us great advice when we first came here on the GC route and if a bit OT I would like to thank him for that again.
Good luck, hope all goes well.
May 28th 2009, 3:06 pm
#20
Powder Maggot
Joined: Nov 2004
Location: Nuevo Mexico
Posts: 4,452
Re: Got the O1!
Congrats on the O-1! Your data point pretty much falls in line with the others I've seen - a serious pain in the ass collecting enough evidence, but doable.
I would echo the sentiments about NIW... going rate for an NIW GC seems to be about six months after filing. And, IIRC, you don't need employer sponsorship. (I'm sure someone will correct me if I'm remembering incorrectly.)
I would echo the sentiments about NIW... going rate for an NIW GC seems to be about six months after filing. And, IIRC, you don't need employer sponsorship. (I'm sure someone will correct me if I'm remembering incorrectly.)
May 28th 2009, 3:56 pm
#21
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: Got the O1!
Congrats on the O-1.
I remember the process well, so I can understand the relief that it's over (nearly).
As for the O-1 vs H-1B:
The O-1 is better in that it can be renewed indefinitely. However, after the initial 3 years, it has to be renewed in 1 year increments, which is a pain and costly to the company. TBH, I think 3 years is enough to sort out the GC.
A disadvantage is that once you start the GC process and go into AOS, to travel outside US, you must have Advance Parole in hand, with can take 3 months to get. Otherwise you are deemed to have abandoned your GC application. On H1-B you can travel without the need for AP. The visa must be in your passport, not just approved. If you travel a lot for work, this can be an issue, as you are "landlocked" until the AP arrives.
I am desperately hoping my AP arrives in time for an August trip to the UK I booked months ago and before the company finally agreed to process our GC application.
I would echo dbj1000 and try to get the GC process going as soon as possible. You may have a shot at EB1-B as well as EB2-NIW. I agree, the O-1 status does look a lot better, as you have already proved you are "extraordinary".
I can't comment on EB2-NIW which dbj1000 has more expertise in, but for EB1-B I would not use the same evidence package. We found the support letters to be markedly different from those used for the O-1 petition.
dbj1000 gave us great advice when we first came here on the GC route and if a bit OT I would like to thank him for that again.
Good luck, hope all goes well.
I remember the process well, so I can understand the relief that it's over (nearly).
As for the O-1 vs H-1B:
The O-1 is better in that it can be renewed indefinitely. However, after the initial 3 years, it has to be renewed in 1 year increments, which is a pain and costly to the company. TBH, I think 3 years is enough to sort out the GC.
A disadvantage is that once you start the GC process and go into AOS, to travel outside US, you must have Advance Parole in hand, with can take 3 months to get. Otherwise you are deemed to have abandoned your GC application. On H1-B you can travel without the need for AP. The visa must be in your passport, not just approved. If you travel a lot for work, this can be an issue, as you are "landlocked" until the AP arrives.
I am desperately hoping my AP arrives in time for an August trip to the UK I booked months ago and before the company finally agreed to process our GC application.
I would echo dbj1000 and try to get the GC process going as soon as possible. You may have a shot at EB1-B as well as EB2-NIW. I agree, the O-1 status does look a lot better, as you have already proved you are "extraordinary".
I can't comment on EB2-NIW which dbj1000 has more expertise in, but for EB1-B I would not use the same evidence package. We found the support letters to be markedly different from those used for the O-1 petition.
dbj1000 gave us great advice when we first came here on the GC route and if a bit OT I would like to thank him for that again.
Good luck, hope all goes well.
EDIT: Wow! I just looked at your thread from August of last year, and I see that there really IS a big difference between O1 and H1-B with regards to travelling while awaiting AOS. I had no idea!
Below is my original reply.
----------------------
I'm slightly confused about your Advanced Parole issues. It was my understanding that if you had a valid visa in your passport (H1-B, O1, whatever) you could travel without Advanced Parole, even once your AOS application was submitted. As I understood it, once you obtained your AP and used it your visa was no longer valid for travel, since your use of AP had placed you in AOS status.
Is there really a difference between the O1 visa and the H1-B in this respect? Can you not remain in O1 status for the full term of the visa, regardless of AOS application?
Last edited by dbj1000; May 28th 2009 at 3:59 pm.
May 28th 2009, 4:07 pm
#22
Joined: Apr 2002
Posts: 35,082
Re: Got the O1!
dbj, something to do with 'dual intent'. H-1B allows it (and L-1?) but not others.
May 28th 2009, 10:57 pm
#23
Forum Regular
Joined: Sep 2007
Posts: 140
Re: Got the O1!
In fact I clarified this with both our attorney and the IO at our visa interview.
I think it just 'fell through the cracks' when the memo regarding travel in AOS was produced and the discussion of dual intent in the manual.
There was an old discussion about it here
May 28th 2009, 11:03 pm
#24
Joined: Apr 2002
Posts: 35,082
Re: Got the O1!
That is my understanding. However, O-1 is also a 'dual intent' visa and there is no need to show ties to your country to get it.
In fact I clarified this with both our attorney and the IO at our visa interview.
I think it just 'fell through the cracks' when the memo regarding travel in AOS was produced and the discussion of dual intent in the manual.
There was an old discussion about it here
In fact I clarified this with both our attorney and the IO at our visa interview.
I think it just 'fell through the cracks' when the memo regarding travel in AOS was produced and the discussion of dual intent in the manual.
There was an old discussion about it here
thanks
May 30th 2009, 1:27 am
#25
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Thread Starter
Joined: Jun 2008
Location: Malibu, CA
Posts: 921
Re: Got the O1!
My understanding is that it is my company's policy to automatically begin the GC process after 90 days of employment.
I will be traveling back and forth to Europe regularly so I can't be landlocked. I'd rather not apply for a GC at all if that's what it entails.
I will be traveling back and forth to Europe regularly so I can't be landlocked. I'd rather not apply for a GC at all if that's what it entails.
May 30th 2009, 1:34 am
#26
Retired
Joined: Apr 2004
Posts: 34,649
Re: Got the O1!
You're not necessarily landlocked once you file for Adjustment of Status, but you do need Advance Parole in hand to travel.
Alternatively, you could consider the option of applying for an immigrant visa outside the United States ("Consular processing.).
See an attorney.
