O1 Stamp before EB1/EB2

M

mhush

Registered Users (C)
Hi experts,

I am planning to apply for EB1/NIW and maybe EB2 through a law firm. Recently, I changed my status from OPT (F1) to O1. Assuming that the change of status goes through, the lawyer have asked me to have O1 stamp before sending the applications. This is something that I would really like to avoid since last time I went out, my reentry took 4 months because of security check.

I was wondering if this is routine for all EB1/NIW applications, or is it for O1 only? Is there any way to apply without the stamp (since I know some friends that have got it with underlying H1 and never had to go out)?

If this is indeed for all O1s, can I go to H1 and then apply for EB1/NIW?

Any advice is truly appreciated.

Regards,

MH
 
A quick update from my lawyer.

What was told to me was inaccurate and I do not need the actual stamp in order to apply for EB1/NIW. The stamp is only needed for reentry. The whole thing makes more sense now.

Hope this helps some others as well.

Regards,

MH
 
mhush said:
A quick update from my lawyer.

What was told to me was inaccurate and I do not need the actual stamp in order to apply for EB1/NIW. The stamp is only needed for reentry. The whole thing makes more sense now.

Hope this helps some others as well.

Regards,

MH
Click to expand...

Exactly. As long as you do not travel outside of the U.S., the new I-94 form that you'll receive with an approved O1 change of status petition will be sufficient and will provide proof of your valid status in the U.S.
 
A visa stamp is only needed/useful for reentry purposes and has nothing to do for EB1/2/3 applications if you are already in the country. Don't know why your lawyer has asked you to have the O1 stamp prior to applying.

Good luck!
 
mhush,

Thanks for this tip. I am in a similar situation as you - I transferred from F-1(OPT) to O-1 in Feb. 09. Can you tell me how long we are required to wait (in terms of work experience) before we go in for EB-1. My employer's law firm which did my O-1 said they can actually reuse all the documentary evidence which was presented for my O-1 case incld. the reference letters.

Are you going for EB-1(a) or (b)? In case of EB-1(a), are you self-sponsoring or is company sponsoring you?

I have read all over that EB-1(b) requires 3 years work experience. Is this a stated requirement and does PhD count towards it? My PhD duration was 1.5 years so dunno if it counts or not (or how much).

Thanks for any tips/help.

Best regards.
 
One of my friends who is currently on H1, is now applying for O1. His lawyer told him that a new visa stamp is required for changing status to O1. Also the lawyer told him that the visa stamping has to be done in the home country. So. he is planning to go to his home country after getting O1 approval.

I was always under the impression that new stamping is not required for changing status within the US. Any O1 visa holders can confirm this ?. A bit confused here now ...:confused:
 
rb81 said:
mhush,

Thanks for this tip. I am in a similar situation as you - I transferred from F-1(OPT) to O-1 in Feb. 09. Can you tell me how long we are required to wait (in terms of work experience) before we go in for EB-1. My employer's law firm which did my O-1 said they can actually reuse all the documentary evidence which was presented for my O-1 case incld. the reference letters.

Are you going for EB-1(a) or (b)? In case of EB-1(a), are you self-sponsoring or is company sponsoring you?

I have read all over that EB-1(b) requires 3 years work experience. Is this a stated requirement and does PhD count towards it? My PhD duration was 1.5 years so dunno if it counts or not (or how much).

Thanks for any tips/help.

Best regards.
Click to expand...

rb81,

My lawyers also indicated that all the documents can be used for EB1/NIW application. They did not mention 3 years work experience, but I think they thought the research years actually count.
for EB1, I will apply both self-petition and company-based, and I have reserved all other company based routes for future.

Hope this helps.

MH
 
HelpingHand said:
One of my friends who is currently on H1, is now applying for O1. His lawyer told him that a new visa stamp is required for changing status to O1. Also the lawyer told him that the visa stamping has to be done in the home country. So. he is planning to go to his home country after getting O1 approval.

I was always under the impression that new stamping is not required for changing status within the US. Any O1 visa holders can confirm this ?. A bit confused here now ...:confused:
Click to expand...

That's exactly why I asked the original question.
However, it turns out that OPT to O-1 change of status does not require new stamping. the lawyer informed me that I do not need to get out of country for that.

MH
 
mhush,
Thanks for the info :)

To add to mhush's other post: After switching from OPT to O-1, my lawyer said I need a stamp on my O-1 only if I travel outside US and need to re-enter. Otherwise the approval notice sent by USCIS is a valid document proof of my legal visa status.
 
Now the question is, if one doesnt have a stamp on O-1 and has applied for EB-1 Green card but has to travel on Advance Parole to their home country - does one need to get the O-1 stamped to re-enter???
 
rb81 said:
Now the question is, if one doesnt have a stamp on O-1 and has applied for EB-1 Green card but has to travel on Advance Parole to their home country - does one need to get the O-1 stamped to re-enter???
Click to expand...

I am pretty sure experts can come up with detailed explanation for this, but i think in short, in such situation if you use your Advance Parole you lose your other status (O1). If your petition gets rejected, then you can not go back to O1 and you are out of status.
If you do not want to use your AP, you have get the O1 stamp.

Hope this helps.

MH
 
hmm....that is something new I learnt. But that means if one's GC is rejected they are out of status even if they are back in US after using AP and their O-1 is still valid?? - sounds a bit weird though :confused:

Is it the same situation for H1B folks too?
 
RB81, it is my understanding that if you are using your AP to get in, then you are no longer on your O1 status. In doing so, You should have been using your EAD for whatever you are doing within the US. However, if you have not used your EAD for your job and have not used your AP to get in, your O1 is still valid. If you have a valid O1 stamp, you can get in. This is my understanding but it gets trickier if you apply this rule in reverse.

Now for H1B story. My friend was working on a H1B and went home for stamping. He had filed for AP after his I140 approval and while he was flying back to the US after his trip home, his AP was approved and was mailed to his home address in the US. Poor fellow couldn't get in because he didn't have his AP. So, one should be aware of this risk involved in traveling with AP pending.
 
GC-Hopes, You are right about not travelling while AP has been applied for and is due. Much better to apply for it well before any international travel.

Re. AP affecting O-1 or not, I have asked the attorneys to clarify. When I get a response I will post here. The others I had asked responded that if you only use AP and not your EAD then you don't lose your old visa status. Now if one can use AP without using EAD - that is a question.
 
BTW fellas, those of you who are in O-1, don't get complacent about EB-1 application requirements thinking your O-1 approval implies almost automatic approval. Document as much as you can esp. your citation counts, press releases etc. Lately the rejection rates have gone thru the roofs with some scary denial reasons.

Based on some of the last few decisions posted by AAO I read today, it seems the lessons for us are to:

1) Never claim what you cannot provide reliable documentation for. That includes publications - if you cant provide a copy of the paper as printed in journal/proceedings, dont list it on your CV.

2) Provide your citation count from CiteSeer or Google Scholar (latter is usually more up-to-date in my personal experience). Be careful to eliminate self-citations from the count.

3) If you have press releases/articles etc. about your research either make sure you are named in the articles/press releases or get a letter from whichever univ./institute/company you were working for when the article was written, stating something like "their policy only allows media-trained managers, or lab directors or PR persons to interact with press".

Don't mean to alarm anybody but it sure showed me where some of the holes are in my existing O-1 docs which I need to plug or reinforce.
 
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