Newbie1001

Hi,
I want you to all ignore VITAL questions about eligibility and such and I'd love a VAGUE sense on the following.
I've got an O1 Visa, I've been in the USA one year. I am employed by a large Global company who won't get me a GC for 2 years.

I am a international writer, speaker and judge in the field of Marketing. Let's assume for the sake of ease, that my case is relatively easy to make. Only because it makes the following easier.

I'd like to know.
1) What are the rough Total Costs for me to self petition?
2) What are the rough total timelines from starting the process to GreenCard in hand?
3) At what point in this process am I "safe". By this I mean, if I was to lose my job, I would be able to stay on in the USA or leave but know that the process will still carry on ( EVEN IF I MAY NOT BE ALLOWED TO WORK FOR SOME TIME)
4) At what point in the process am I free to work for another company, I assume that this is when I receive my GC.

Thanks for your help in advance.

ian-mstm

If you mean file an I-485 to adjust your status, the fees are all listed at www.uscis.gov.


Assuming no other issues, probably 6 months or so.


You are "safe" from the day USCIS accepts your application for processing. While you have an I-485 pending, you are allowed to remain in the US under "color of law" until such time as the I-485 is adjudicated.


You assume incorrectly. Along with your I-485 application, you can submit both an I-131 and I-765 application at no cost. Those two forms will be processed within 60-90 days after submission... and once you have an approved EAD you can work for whomever you please.

Ian

Noorah101

I was not aware that O-1 visa holders can self petition for AOS.

Rene

Untitled 3

Yes, EB1a Extraordinary Ability can be self petitioned irrespective of what visa is held.

@newbie1001 I work in a similar field, for an advertising agency and am currently going through the process myself. I used pretty much the same evidence from my initial O1 application so it didn't take much time to prepare. If you go through premium processing and are lucky then you may get the whole thing done in 4 months.

caleyjag

I went through it all without trying to change jobs, so I can't answer those questions, but it took about 6 months IIRC.

As above I more or less recycled the original O1 portfolio of evidence. The process went smoothly.

Note that if you are applying for the GC from an O1 there will be travel restrictions during the AOS phase. Hopefully that won't impact your work.

steveq

We've just been told we need additional evidence of achievement over the last 12 months to proceed to EB1. Maybe we should talk to your immigration attorneys....

Steve

Newbie1001

I'm thinking about reusing a lot of my o1 petition and updating, so doing it myself.
So two things.
1) Is this very stupid, is there an artform I don't know to these things?
2) What happens if it's rejected, does this have any negative affect on trying again? or on my current o1?

ian-mstm

No... not very stupid.


If the visa is denied, you must thereafter declare that visa denial on every subsequent US visa application including ESTA.


Yes - which is to say, you can apply for a visa as many times and as often as you like... but your chances of approval may decrease because of the earlier denial.


No, not likely.

Ian

Chrisdc

I would seriously advise against doing it yourself. My company spent about 15K for the whole process, including my wife's dependent green card.

Took us about six months of evidence gathering, then about six months of USCIS processing. Our attorney advised us to bulk up the EB1a way beyond what we submitted for the O1 (as the O1 was 3 years old.) Getting people to write the letters they had committed to just took forever!

HTH
C