Hi,
I recently started working for an American corporation, after receiving an O-1 visa for outstanding scientist. The visa application was not a straightforward, in fact, "additional evidence" was requested.
My company won't sponsor my green card and the attorney who handled my visa application is not allowed to counsel me on implications of filing a permanent residency petition. She said though "the criteria for the I-140 extraordinary ability petition are similar to the O-1. However, they apply a higher standard for the I-140 and the regulations are clear that just because someone is eligible for O-1 does not mean they meet the heightened standard of the I-140. I cannot give you a percentage probability, but you received a Request For Evidence on the O-1 so they did not think you had a slam dunk O-1 case."
My initial intention was to apply through I-140, but it doesn't seem to be the right option, unless a couple of extra letters from people in industry can help.
Does this leaves only the application through labor certification? Does that mean that my employer has to get involved? Are there other ways?
Thanks a lot to anyone who can help me.
Kind regards,
Matteo
I recently started working for an American corporation, after receiving an O-1 visa for outstanding scientist. The visa application was not a straightforward, in fact, "additional evidence" was requested.
My company won't sponsor my green card and the attorney who handled my visa application is not allowed to counsel me on implications of filing a permanent residency petition. She said though "the criteria for the I-140 extraordinary ability petition are similar to the O-1. However, they apply a higher standard for the I-140 and the regulations are clear that just because someone is eligible for O-1 does not mean they meet the heightened standard of the I-140. I cannot give you a percentage probability, but you received a Request For Evidence on the O-1 so they did not think you had a slam dunk O-1 case."
My initial intention was to apply through I-140, but it doesn't seem to be the right option, unless a couple of extra letters from people in industry can help.
Does this leaves only the application through labor certification? Does that mean that my employer has to get involved? Are there other ways?
Thanks a lot to anyone who can help me.
Kind regards,
Matteo