Q: I have O3 visa & we got I140 approval for EB1B. Can I independently apply 4 O1 as priority dates aren’t current for GC?
A:
As an O-3 visa holder, you may be eligible to apply for an O-1 visa if you meet the eligibility criteria for the O-1 category. The O-1 visa is a nonimmigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry.
If you believe that you meet the eligibility criteria for the O-1 visa category, you can independently apply for the visa while your Green Card application is pending. However, you will need to provide evidence that you meet the requirements for the O-1 visa, including demonstrating your extraordinary ability or achievement in your field.
It is important to note that the O-1 visa category has its own set of eligibility requirements and criteria, which are different from those for the EB-1B Green Card category. Additionally, you will need to demonstrate that you do not have immigrant intent when applying for the O-1 visa, which can be challenging if you already have a Green Card application pending.
It is recommended that you consult with an experienced immigration attorney who can review your specific circumstances and advise you on the best course of action. They can also help you prepare a strong application for the O-1 visa and address any potential issues or complications.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
