O-1 to EB1a

W

wqs

Registered Users (C)
Anybody done an EB1A from O-1 visa? Is the I-140 processing time different from those H1B filers? Thanks alot for sharing.
 
wqs said:
Anybody done an EB1A from O-1 visa? Is the I-140 processing time different from those H1B filers? Thanks alot for sharing.
Click to expand...

Your current status has nothing no impact on EB1-EA processing time.

Brian
 
I filed I-140 being on O-1 in April 2002. It is generally not recommended to press on "outstanding visa status" in your petition, as they say it has different requirements from EB1-A. I did incorporate some of O-1 visa qualifications (like performing in critical capacity) in the letters from my supervisor and NIH administrator.

I did not extend O-1 visa after I filed I-485.

I got my I-140 approved after RFE last November. Many people were approved before me with a later mailing date. But as of today, at least two I-140 petitions are still pending since April 24, 2002, that have eac# very close to mine. It is impossible to say if they are EB1A or NIW.

Conclusion: nothing does metter - Visa status, family situation, qualifications, etc. Simply random processing.
 
wqs said:
Anybody done an EB1A from O-1 visa? Is the I-140 processing time different from those H1B filers? Thanks alot for sharing.
Click to expand...

I did my EB1A from O-1. Had been here legally on O-1s since early 1994 (not long after the O-1 category was created). Category has nothing to do with processing time. My attorney once mentioned to me that sometimes EB cases take longer because they require greater brain power at the adjudication end, and with the 140 part, a significant amount of 'interpretation'. That being said, a well prepared 140 can be quickly approved. Mine was approved in six weeks. <sigh>

My processing details are below.
---

I-485:
wac-02-253-xxxxx
RD 08/08/02
PD none
AD ??/??/??
FP1 RCVD 09/26/02

EADs - 2
APs - 2
(renewing both soon)

Wife, derivative of above
All the same, except RFE for her second AP;
marriage certificate requested

I-140 (EB1-A, self-petitioner, attorney assisted):
wac-02-087-xxxxx
RD 01/15/02
PD 01/15/02
AD 03/05/02
no RFE

(concurrent filing was not an option in 01/02)
 
wik said:
I did my EB1A from O-1. Had been here legally on O-1s since early 1994 (not long after the O-1 category was created).
Click to expand...

I just got my O-1, and was wondering how you could stay with O-1 for 8 years? I thought the max was 3 years with O-1. :confused:
 
My friend has O-1 for 5 years and now is renewing it.

I think O-1 does not have limitation on duration of stay.

But after certain period of time (may be every three years?) you have to present to USCIS a peer-review commitee decision once again. And also present more of recommendation letters.
 
Wik: You lawyer did good job

Hi Wik,

I agreed to what you said. "That being said, a well prepared 140 can be quickly approved. Mine was approved in six weeks." Could point me to your lawyer's web site? I am looking for a good lawyer.

Thank you very much!

Guo
 
The days of six-week response time for processing EB1 I140s are long past, I don't belive you get that kind of response these days. If no one looks at your case for 18 months, it's impossible to process them in under 2 months. There are several extremely compelling cases that are just sitting on the shelves of VSC waiting for someone to pick them.

I'm still on O-1 myself (my 140-EB12 was approved last month), O-1 can be renewed indefinitely.
 
I fully agree with reverse_man.

I-140 must be well prepared. Otherwise you get screwed.

Is there any pattern that better prepared cases are getting faster approvals? In general, do not believe so.

Could be there some invisible connections between lawyers and USCIS that may affect speed of processing? Possible, but not for everyone.
 
I believe my I140 EB12 application was very strong and well prepared. That didn't prevent it from gathering dust somewhere for 18+ months. On the other hand, my O-1 application, which was essentially the same as my I140 application, got approved in 2 weeks. I had used premium processing for my O-1.

I know that some of the lawyers and paralegals get to know the adjudicators and other workers at SCs because they deal/interact with them so much.
 
doitrite said:
I just got my O-1, and was wondering how you could stay with O-1 for 8 years? I thought the max was 3 years with O-1. :confused:
Click to expand...

When you get an O-1 with an employer, the maximum initial time is 3 years, but it can be extended in 1 year increments. If you change employers, then your new O-1 application can be for the 3 year period again. There is no aggregate limit to having O-1 status. I have been with four employers in the US in O-1 status from 1994 through 2002, when my I-140 was approved.

-wik
 
I've posted the same exact q below. ahve you filed your I140 already? what is your situation? My lawyer tells me that if we file concurrently and 140 is denied (he thinks we'll get approved), then we have to leave US on the day of denial otherwise we are out of status. Have you heard this also?
 
You became out of status only if visa has expired and 485 is denied.
If you always renew O-1 (or any) visa on time, then there is no reason to worry.
It is allowed to renew non-immigrant visas while your immigrant petition is being processed.
 
You must log in or register to reply here.
Top