pigsy

I'm coming up to the end of my six years h1 (december 02)and have enough awards n' stuff to go for an O1....BUT because the O1 doesnt recognise dual intent, am I gonna be in any trouble when I go for my EB1 green card?...or am I even gonna get an O1 since I have no ties left to the UK?...I even own a house over here.

Drazen

I am not an expert, but that was exactly my path: I filled for OB-1 while being on
O-1. MY family and me got stamped last week..

pigsy <[email protected]> wrote:

    > I'm coming up to the end of my six years h1 (december 02)and have enough awards n'
    > stuff to go for an O1....BUT because the O1 doesnt recognise dual intent, am I
    > gonna be in any trouble when I go for my EB1 green card?...or am I even gonna get
    > an O1 since I have no ties left to the UK?...I even own a house over here.

    > --
    > Posted via http://britishexpats.com

Sylvia Ottemoel

pigsy wrote:

    > I'm coming up to the end of my six years h1 (december 02)and have enough awards n'
    > stuff to go for an O1....BUT because the O1 doesnt recognise dual intent, am I
    > gonna be in any trouble when I go for my EB1 green card?...or am I even gonna get
    > an O1 since I have no ties left to the UK?...I even own a house over here.

Don't worry. O-1 is a fairly strong dual intent status, not quite as strong as H-1B
but still pretty strong.

In the Immigration and Nationality Act [available at
http://www.ins.usdoj.gov/graphics/lawsregs/INA.htm], section
101(a)(15) includes the definitions of the nonimmigrant statuses A through T. The
first phrase in the definition for the categories that do *not* permit
dual intent is "an alien having a residence in a foreign country which he
has no intention of abandoning." See for example INA section
101(a)(15)(a), (f), or (j). INA section 101(a)(15)(o) does not start with the phrase.

Also, in the INS regulations, 8 Code of Federal Regulations [available at
http://www.ins.usdoj.gov/graphics/lawsregs/8cfr.htm], some of the nonimmigrant
categories have specific rules which prevent the denial of a nonimmigrant petition
based on intent. See:
_________________

8 CFR section 214.2(o)(13)

(102) Effect of approval of a permanent labor certification or filing of a preference
petition on O classification. The approval of a permanent labor certification
or the filing of a preference petition for an alien shall not be a basis for
denying an O-1 petition, a request to extend such a petition, or the alien's
application for admission, change of status, or extension of stay. The alien
may legitimately come to the United States for a temporary period as an O-1
nonimmigrant and depart voluntarily at the end of his or her authorized stay
and, at the same time, lawfully seek to become a permanent resident of the
United States.

pigsy

thanks Drazen & sylvia........

Drazen, did you have to supply a good deal more proof of extraordinary ability for your EB1 than you did for the O1?