from O-1 to green card

Abejya

New Member
Hi all,

I am a musician, and am currently on an O-1 visa. My visa is expiring in October this year.

My question is if I file a green card application (also based on extraordinary abilities criteria) before my O visa expires, do I need to make sure the (hypothetical) approval comes back BEFORE my O expiration date? If I get the answer from Immigration about my green card application AFTER the O expires, does that put me in violation of my O status?

Or would this be considered a change of status, and therefore as long as I file before my O expires, I am ok? Is there a grace period where if my green card application is rejected, that I can still safely and legally remain in the country and work?

Hope someone can help, thanks.
 
Since O-1 is an extraordinary ability visa, you will probably file in either EB1 or EB2 categories. O-1 is the employer's petition, not yours. So you do need to have an employer.

Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

OR

• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
 
Since O-1 is an extraordinary ability visa, you will probably file in either EB1 or EB2 categories. O-1 is the employer's petition, not yours. So you do need to have an employer.

Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:

1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)

OR

• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
 
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