Comment by sarchertech
2 days ago
You can apply for an EB-1A greencard or a national interest waiver green card while on an O1 visa.
You can also get an employer sponsored green card similarly to what you’d do if you were on an H-1B.
2 days ago
You can apply for an EB-1A greencard or a national interest waiver green card while on an O1 visa.
You can also get an employer sponsored green card similarly to what you’d do if you were on an H-1B.
Yes, but even for people eligible for EB1A (it usually has a higher bar in practice, EB2/NIW is easier but way worse backlog), filing a (or according to some lesser stringent interpretation, having an approved) I-140, will make you have immigration intent and thus illegible for extension of any nonimmigration visa.
So you apply for green card and if you don't immediately get it (particularly because of the backlog for some countries), you have to leave the US.
(I'm not an immigration lawyer and these are only my personal interpretation).
That’s not the case. o1 is not officially classed as dual intent but it mostly functions that way.
“Labor Certification Exception:
Under the doctrine of dual intent, the fact that a U.S. employer has filed a labor certification, or an individual has filed a permanent residence petition on behalf of the non-immigrant, shall not be a basis for denying the O-1 petition, a request for extension of stay, admission to the US, or change of status for that O-1 non-immigrant.”
https://global.upenn.edu/isss/o1/