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Yes, O1 is a nonimmigrant visa, but you applied the NIW with the visa of H1B, so it should be fine. EB2-NIW recommendation letters should not be used as reference letters for O1 visa application, because the O1 requires the Extraordinary Ability, not only the national interest. See...

The law defines "exceptional ability" as "a degree of expertise significantly above that ordinarily encountered." The USCIS has enumerated six factors that denote exceptional ability. If an applicant meets three of these, he or she will qualify for the classification of “Alien of Exceptional...

If the none-criminal charges involves moral turpitude, then it may be a problem. Please see http://www.greencardapply.com/news/news10/news10_0113.htm

Since you J-1 visa will end soon and you will be outside of US, so you can do "Consular Processing" to get our Green Card if your NIW can get approved. When your priority date is current, it means that there is a visa available for you, and you should proceed immediately to apply for it...

As an U.S. citizen petitioner, If you have filed two or more Form I-129F K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of this petition, you must apply for a waiver. To request a waiver, you must submit a written...

The term “functional” or “function manager” applies generally when a beneficiary does not supervise or control the work of a subordinate staff, but instead is primarily responsible for managing an "essential function" within the organization. The definition of the term “manager” includes...

As a J-1 holder, you can change to O-1 visa, but you have to apply for an O-1 visa from a U.S. Consulate abroad, because you may not change to a non-immigrant status in the U.S. before you satisfy the two years home country residence requirement or obtain a waiver to the requirement. Your...

It looks like that the Consulate believes that you do not have "specialized knowledge", which is required for L-1B visa. To prove a specialized knowledge capacity, your knowledge must be different from or surpass the ordinary or usual knowledge of other employees in the particular field, and...

With Form I-140 denial and not filed the Form I-485, you may have diffficult to extend the I-20, but you should get OPT application approval. It also will not affect your future I-140 application or I-485 application. see http://www.greencardapply.com/question/question07/question07_0501.htm

It should be "wait until returning to the US on L1A and then apply for EB1c" For EB1C application, you must be a Manager or Executive in US company with L-1A visa, not in Canada, also you must be coming to the U.S. to work in an executive or managerial capacity. see...

It is NOT possible to add an additional document to the application. But it you get RFE (Request For Evidence) for your EB1A application, you can thne mention your new award. The USCIS may or may not accept it as new evidence. (see http://www.greencardapply.com/ea/ea_faq.htm )

You attorney should get the RFE, not you. You may need to check both current lawyer and previous lawyer for the RFE notice. FOr general RFE question, please see http://www.greencardapply.com/rfe/rfe_faq.htm

The Form I-864 Affidavit of Support is required to overcome the "public charge" provisions in all family-sponsored cases. This information provided on the I-864, essentially, is proof that the sponsored individual will not become a financial burden on the U.S. government. All family-based...

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...

You can not have O-1a and H-1B visas at the same time, but you can have a second H1B visa to work for another employer. see http://www.greencardapply.com/question/question05/question05_0901.htm

You should use ETA-750b for NIW. The form ETA-9089 is for labor certification case. If you did research other then your degree work, it can be count towards the number of years of employment. also, see http://www.greencardapply.com/niw/niw_faq.htm

You can apply for EB2 NIW and EB2 based on Labor Certifcation at the same time. Just remember that the requirements are different for NIW (see www.greencardapply.com/niw/niw_requirement.htm) If you want to apply them at the same time, so you may have difficult for explain it in NIW. So it is...

If your NIW is employer sponsored, then you should NOT change job, because you can not use the AC-21 now. If you NIW es self-petitioned, then you can change job at any time using H-1B portability. see http://www.greencardapply.com/h1b/h1b_ac21.htm

You may need to leave US for another H1B. H1B workers have a general limit of six years of time in H1B status. This may be extended, based upon the filing of a qualifying employment-based Green Card case. Alternatively, individuals who reside outside the United States for one year become...

H-1B Cap: The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. For FY08, the cap is 65,000. Many employers file H-1B petitions on behalf of F-1 academic students after their post-completion OPT expires. Under...