Sunnyvale, CA asked in Immigration Law for California

Q: I'm currently on O1-A and would like to apply for a GC. Do I have to apply for a new I-140 (EB-1)?

Also, my O1-A is due for renewal in four months. Do I need to renew my O1 before applying for EB-1?

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: If your status is current you can apply from within the US.

agrees with this answer


A: Yes, you would have to file a new I-140 and you may have to renew or change your status prior to the expiration of your current )-1 status; the decision to renew would have to be reviewed.

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