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O-1 TO Green card
- Thread starter tipotodo
- Start date
Why didn't you file for a GC(I-140) as soon as you got your O-1? Since O-1 is an extraordinary ability visa, you will probably file in either EB1 or EB2 categories. Unlike H1-B, O-1 doesn't have a so-called duel intent which means every other time you file for an extension, it's harder to prove your non-immigrant intent. Although O-1 doesn't have a limit on the period of stay, I've heard there is an imaginary 5-year barrier. In case your O-1 extension will be denied, you will have to depart U.S while waiting for an I-140 approval. To prevent this, ask your lawyer to file an Adjustment of Status (I-485) along with I-140 petition. In case of O-1 denial, I-485 will keep you in legal status until a decision on I-140 has been reached. Based on I-485 you can file an employment authorization petition (I-765 is the code I believe) and also a travel document (I-130). Notice, that once a your non-immigrant visa status is lost, you will need to depart U.S. and then re-enter to get it back.
tipotodo said:Hi I've had a O-1 (as a dancer) for 5 years now is going ot be 6 next year. I wan to apply for a Green card. Working with my lawyer to get all the stuf together. Any of you have any expirience going from 0-1 to green card?
I am an artist and have had similar experience to what you are going through. I was on a TN visa (for Canadians and Mexicans only) which has the same non-immigrant restriction as a O-1.
You need to have enough time on your O-1 before expiry to allow for the processing of the GC. You will apply for an EB-1 Extraordinary Alien GC. This is a very detailed process and similiar to what was done for the O-1. I filed my GC application form I-140 and then waited for it to be approved before i filed my adjustment of status form I-485. The reason is that the filing of a I-485 indicates immigrant intent which conflicts with a non-immigrant visa such as a O-1. This means that if you have a filed I-485 you cannot leave the US until it is approved nor can you renew the non-immigrant visa. There is a way to deal with this and it is to file a form Advanced Parole and for Employment Authorization when you file the I-485. This takes about 90 days for approval and will allow you to work and leave/enter the US regardless of your O-1.
gunt said:I am an artist and have had similar experience to what you are going through. I was on a TN visa (for Canadians and Mexicans only) which has the same non-immigrant restriction as a O-1.
You need to have enough time on your O-1 before expiry to allow for the processing of the GC. You will apply for an EB-1 Extraordinary Alien GC. This is a very detailed process and similiar to what was done for the O-1. I filed my GC application form I-140 and then waited for it to be approved before i filed my adjustment of status form I-485. The reason is that the filing of a I-485 indicates immigrant intent which conflicts with a non-immigrant visa such as a O-1. This means that if you have a filed I-485 you cannot leave the US until it is approved nor can you renew the non-immigrant visa. There is a way to deal with this and it is to file a form Advanced Parole and for Employment Authorization when you file the I-485. This takes about 90 days for approval and will allow you to work and leave/enter the US regardless of your O-1.
Thanx for the info, i've been on the 0-1 visa fro 6 years, and I applyed for EB1-EA on July, got and RFE 3 weeks ago, pretty simple, my lawyer is takking care of it, looking foward to get teh approval soon
I Got It My Green Card!!!!!!!!!!!! :d
wow...congrats tipotodo...that was really quick..so you never had any interview process for getting the GC..?,
When can you apply for GC after O1 is approved?
Kosmonaft - Can a person apply for green card as soon as the O1 petition has been approved? Do you have any links in this regard?
Also a general question - if you have an O-1 petition, can you work for others as well (including self-employment)? Or is the petition strongly tied to the employer who sponsored the visa?
Thanks.
Why didn't you file for a GC(I-140) as soon as you got your O-1?
Kosmonaft - Can a person apply for green card as soon as the O1 petition has been approved? Do you have any links in this regard?
Also a general question - if you have an O-1 petition, can you work for others as well (including self-employment)? Or is the petition strongly tied to the employer who sponsored the visa?
Thanks.