Don't know what to do

E

edwa88

New Member
Hi, I've an O-1 visa for a year and a half and I wanna apply for a green card. I've read some articles about filling forms I-140 and then I-485. But what do I need to prove to the USCIS to be aproved? What ctegory I'm in? EB1 or could be other one? any advise on how to proceed here?

Thanx a lot!
 
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I'm from south america, my visa O-1 was given as a model. came to the states with an H1B in oct 2007 and changed it to O-1 in jan 2009
niwseek I don't know what you mean about my credentials. If more info about my case is needed please ask me specifically. . . thanks for your help in advanse
 
I would advise you to talk to a good immigration lawyer to get the specifics.
In short for being considered in EB1A category you have to prove that you have risen to top 1% of your field.
For EB2-NIW you have to prove that you are in national interest of US.
Although sound different, but their requirements are very similar with EB1A being more restrictive. You have to satisfy three out of ten criteria.
There are tons of materials on-line that you can refer to.

Another option is to go for EB1-OR for which you have to have sponsor. In that case you only need to satisfy two of ten.
Hope these help.
 
Thanx mhush!

But how is it? do I pick up my category? I could go with the one I want or I'm force to take a specific category coming from an O-1?

I do have a sponsor

It's harder to get a GC coming from an O-1 than being in the US illegally and then apply for a GC.

Am I right?

thanx
 
That's exactly why I suggested talking to a good lawyer.
Since your case is a specific case, I really can not suggest anything.

To clarify couple of points, EB1A and EB2-NIW are self petitions so you can apply for both of them yourself. There are some do-it-yourself kits that help you prepare your case for these two petitions, but again I highly suggest you hire a good lawyer for these petition (since how the case is presented matters A LOT).

EB1-OR is sponsor-based. The package can be similar to the above, but you have to have you employer some forms (not sure if you can apply through it though)

Additionally, O1 is only your visa and status, it does not lead to green card automatically if you do not pursue one of the above options or other labor-based options (gurus, please correct me if I am wrong here).
 
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