Some critical O1/EB1/CP questions (6yrs of H1B running out..)


Registered Users (C)

I reposting to this group (and to a couple of others) in hope of
getting some quick responses.

my H1B is about to expire in a couple of months. I have some critical
questions, would appreciate any useful information and suggestions in
this regard.

1) My company is applying for an O1 visa on my behalf (to the Nebraska
   Service center). In this regard,

   a) How long do O1 visas take typically take to be processed (and in
      particular, any recent approvals at NSC or other centers? If so, could
      you please post or mail the information on them).

   b) Is it legal to stay in the country waiting for the adjudication of
      the O1 visa after my H1B expires (i.e. past the date on I-94)? My
      lawyer mentioned that it is OK, as long as I do not work. But,
      someone mentioned on this forum that it is not legal stay beyond
      the expiration of H1B.

2) I have an I-140 approved (RIR/EB2 by NSC) on which we had requested consular
   processing and I am waiting for "Packet 3" to arrive from NSC. I am
   thinking of filing a brand-new EB1 (self petition in the extra ordinary
   ability category) petition, just in case everything else goes wrong.

   Is filing a new I-140 permitted while a previous one is already approved?

3) Is it possible to request both adjustment of status and consular processing
   on the EB1 petition of (2) above?

4) Since there is some chance that I may be India while waiting for my
   EB2/CP interview date, how does being physically in India affect (2) and

Thanks for the information.

best regards,