Right now on h1B with i-140 approved. Spouse has h4 EAD and working since 6months Dual income - cant complaint First kid on the way Attorney tells me I can give o-1 visa a shot and then go for EB1-A from there. EB1A GC issue is within 4-6 months so way better than waiting 15-20yrs with EB2 processing But in the process of gng thru O1 visa, spouse will be on O3 and not eligible to work. I am sure folks here would have considered this option. Is it worth giving up h4 ead for spouse & the dual income to pursue O-1? Any challenges? Pros? Cons? Advice/tips/experiences appreciated Desi TC: 250k #ead #o1 #eb1
Isn't there a really high bar for getting EB1A?
It is. Worth a shot. $4k bet Anyways in the 15-20yr queue. Might as well try it
You don't need to be on O1 visa to apply for EB1A. You can be on h1b and apply for EB1A. If your attorney presents your case well, you will get eb1a approved.
True. Direct EB1A might be more tough though
The law is a bit gray in applying for EB1A from O-1. If you have issues with renewing H-1B, it can be a back option and you can reuse your EB1A material.
The underlying visa doesn’t matter for EB1A to be approved. If a lawyer says that someone needs a O-1 to get EB1A, then it’s time to change lawyers.
The criterion for both are similar, one is not a req or a guarantee of the other
@op any update?
Nope. Given economy — sticking with H4 for now for extra income
Thanks for the update
Why do want O-1 if you want GC? What’s your PD? Gone are the days EB-1A is 4-5 months for Indians.
Still better than 20 plus years right?
My PD is Jan 2020 😅