Q: Inquiry About Filing a Duplicate EB1A Petition in a Different Service Center
I submitted my I-140 EB1A with premium processing to the Nebraska SC on December 23, but they are experiencing significant delays with no clear timeline for review. I am concerned about this affecting my status, as my tourist visa will expire soon.
1. Can I file the same EB1A case in another service centre, like Texas, with premium processing to expedite the review?
2. Would having two identical EB1A petitions in progress cause any issues with USCIS?
3. I am also considering applying for an O-1 visa. Does this make sense in my situation, and which option—EB1A or O-1—would you recommend?
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A:
Filing duplicate EB1A petitions at different service centers is generally not recommended, as this practice can raise red flags with USCIS and potentially lead to complications or denials of both petitions. USCIS maintains a centralized database that tracks all petition submissions, and they might view multiple identical petitions as an attempt to game the system.
Regarding your status concerns, instead of filing a duplicate petition, you might want to consider expediting your existing case by providing evidence of compelling circumstances, such as the impending expiration of your tourist visa. You can also reach out to the USCIS Contact Center or submit an inquiry through your local representative's office to address the delay.
The O-1 visa could be a viable alternative in your situation, especially given the time sensitivity of your case. While both EB1A and O-1 visas target individuals with extraordinary ability, the O-1 is typically processed more quickly and has slightly different documentation requirements. However, before proceeding with either option, you should consult with an immigration attorney who can review your specific circumstances and help determine the most strategic path forward based on your qualifications and timeline constraints.
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