Applying for EB1-EA while on O-1

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tipotodo

Registered Users (C)
So today i was reading some other immigraiton board and they were talking about people with O-1 visas applying for an EB1-EA. Some people say that they play tougher to O-1 visa holders because they have to make sure you still have the extraoridnary A. status. I am a current O-1 visa holder, I had it for more then 5 years, it expires on 1/08 . I am jus hopeing it does'nt work against me...

any thoughts anyone?
anyone else on a O-1 visa?
 
I don't think it would work against you at all... If anything, you've already proven to them your extraordinary ability before. You have to prove it again of course, in your I-140 paperwork, but then so does everyone else. In your case, many criteria to satisfy for EB-1 EA are very similar to the ones you've already satisfied for O-1.

By the way, before I got my GC I was on P-1, so I was never entirely in your shoes, but this is my understanding of the matter. Maybe another O-1 holder (or former holder) will chime in.

Good luck!!!
 
More info!

According to USCIS Internal Adjudication Manual for Employment-Based Immigration Petitions (http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf, link graciously provided by Ginnu),

"(G) Evaluating E11 petitions filed on behalf of O-1 nonimmigrants: In some cases an E11 petition may be filed on behalf of an alien who was previously granted the O-1, alien of extraordinary ability nonimmigrant classification. Though the prior approval of an O-1 petition on behalf of the alien may be a relevant consideration in adjudicating the E11 petition, you are not bound by the fact that the alien was previously accorded the O-1 classification if the facts do not support approval of the E11 petition; eligibility as an O-1 nonimmigrant does not automatically establish eligibility under the E11 criteria for extraordinary ability. Each petition is separate and independent, and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions. Moreover, the O-1 nonimmigrant classification includes different standards and criteria for aliens in the arts, athletics, and the motion picture industry. In such cases, there would be nothing inconsistent about finding that an alien in the arts has “distinction” according to the nonimmigrant criteria, but not “national or international acclaim” according to the immigrant criteria.

You should be aware that, some courts, notwithstanding the fact that each petition must be adjudicated on its own merits, have asked USCIS to provide an explanation as to why, if the alien had previously been classified in a roughly analogous nonimmigrant category, USCIS has determined that the alien is not eligible for classification in the employment-based immigrant visa classification in question. For this reason, where possible, it would be appropriate to provide a brief discussion, geared to the specific material facts of the underlying I-140 petition, as to why, notwithstanding the previous nonimmigrant visa petition approvals, the petitioner has failed to meet its burden to establish eligibility for approval of the I-140 petition."

Hope that brings more clarity!
 
civ2ru said:
I don't think it would work against you at all... If anything, you've already proven to them your extraordinary ability before. You have to prove it again of course, in your I-140 paperwork, but then so does everyone else. In your case, many criteria to satisfy for EB-1 EA are very similar to the ones you've already satisfied for O-1.

By the way, before I got my GC I was on P-1, so I was never entirely in your shoes, but this is my understanding of the matter. Maybe another O-1 holder (or former holder) will chime in.

Good luck!!!
Click to expand...

Thank you for your answer, will see how it goes. I just finished peforming in a tour that went to 17 countries and I was one of the leads, so i sent alot of stuff, with articles from all over the world that mention me by name, so hopefully they still think i am extraordinary!

Also thanx for the link.

Your so lucky you did it Texas Servic Center, your already have your green card! thats great!!! some of us are going to wait for a while in NSC..will
see
 
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