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EB-1A from O-1

Discussion in 'General O visa issues' started by bjnyc, Apr 2, 2010.

  1. bjnyc

    bjnyc New Member

    Hi -

    I have a few questions. I got approved for my O-1 with my current employer in Dec 2009 so have until Dec 2012 under the current petition.

    I would like my company to file an EB-1A petition ASAP as the requirements seem exactly the same as O-1, which I was already approved. The environment in my company is not right to request a filing so my question is:

    1. I know I can self-file, but does the BCIS see this adversely (or any differently) as opposed to a company -filed petition?
    2. Even though the requirements for EB-1 seem pretty much the same as an O-1, is the scrutiny even more stringent?
    3. What happens if the EB-1 petition gets denied...does it impact future green card petitions?
    4. Can one go back to H-1b after one year of having an O-1? The reason I ask is because you have to leave the country for one year before you can file a new H-1b petition if your old one runs out. If you were on a different (Non-H1b visa) for a year, does it mean that you have fulfilled the one year requirement and can re-file an H-1b?

    Thanks much!
  2. vectorP

    vectorP Registered Users (C)

    It should be noted that the requirements for O1 status are similar to those for the EB1-Extraordinary Ability employment based permanent residence category. The difference is that the O1 standards apply to those seeking a non-immigrant status, while the EB1-Extraordinary Ability standard is for those seeking permanent immigrant status.

    The O1 aliens of extraordinary ability in the fields of science, education, business, and athletics have essentially the same definitions as EB1-EA aliens of extraordinary ability in the fields of science, arts, education, business, or athletics. But there are some key differences. The approval of an O1 visa petition is by no means automatic approval of a person's EB1-EA petition:

    The O1 extraordinary ability standard applied to the arts means distinction. Distinction is a high level of achievement in the field of arts as shown by a degree of skill and recognition substantially above that ordinarily encountered, so that the person is renowned, leading, or well known in the field of endeavor.

    The O1 extraordinary-achievement standard applied to the field of motion pictures and television means a very high level of accomplishment in the industry as shown by a degree of skill and recognition substantially above that ordinarily encountered, so that the person is recognized as outstanding, notable, or leading in the field.

    see www.greencardapply.com/o1visa/o1visa_greencard.htm

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