Help with AOS

[artripathi87 0]

I came to the US on a student visa, and during that time I became involved in the music industry. Upon the end of my student visa in 2009 I received an O-1 visa which expired in May last year, at which time I re-applied for the standard 1 year extension of status. When I filed my first petition in ’09 I was lucky enough to have an attorney file everything for me, but unfortunately the second time around I couldn’t afford those services and had to file everything on my own. As a result, I had some misunderstanding of what documentation was needed when I was asked to provide an advisory letter (as I thought, mistakenly, that it was letters from industry professionals as opposed to from a labor organization such as ASCAP), causing delays and resulting in a denial with the option to appeal. I realized my mistake, appealed the decision, and obtained the necessary letters from ASCAP this time around. I was ecstatic to receive an approval notice last week informing me that my petition was granted.

Unfortunately, since the approval was for the original petition, my newly extended status expires fairly soon and I would like to extend/amend my status ASAP. I was wondering if I should apply for yet another O-1 extension, or if I should try to apply for an EB-1 visa (which would be preferable as it would eliminate having to constantly renew my status every year)? I read that this can often be a good option for someone already holding an O-1, and that the O-1 has a positive bearing on the process of an EB-1 visa. Should I file both jointly, file the extension first and then the change of status, or just go for the change of status?

[Boiler 46,179]

EB1 will take time, so assuming you wish to stay you will need another O1.

EB1 application will be a whole bigger deal and requires expert guidance, there are I believe several Law Firms that specialise in the Arts industry that could advise, most seem to be in CA.

[aussie_jason 195]

Do you meet at at least three of the below criteria or have you received a major international award? If not then forget about the EB-1

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of membership in associations in the field, which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence of judging the work of others, either individually or on a panel
• Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that work has been displayed at artistic exhibitions or showcases
• Evidence of performance of a leading or critical role in distinguished organizations
• Evidence that of high salary or other significantly high remuneration in relation to others in the field
• Evidence of commercial successes in the performing arts

[artripathi87 0]

EB1 will take time, so assuming you wish to stay you will need another O1.

EB1 application will be a whole bigger deal and requires expert guidance, there are I believe several Law Firms that specialise in the Arts industry that could advise, most seem to be in CA.

Unfortunately I currently don't have the means to afford an attorney, if I could I definitely, definitely would! So should I file the O1 extension ASAP? I was approved for the extension by USCIS though I haven't actually gotten the new visa in my passport yet.

[artripathi87 0]

Do you meet at at least three of the below criteria or have you received a major international award? If not then forget about the EB-1

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of membership in associations in the field, which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence of judging the work of others, either individually or on a panel
• Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that work has been displayed at artistic exhibitions or showcases
• Evidence of performance of a leading or critical role in distinguished organizations
• Evidence that of high salary or other significantly high remuneration in relation to others in the field
• Evidence of commercial successes in the performing arts

I can definitely meet the published material criteria, my band was reviewed in Billboard Magazine, and also a few other music pages, as well as in an article specifically about my career as a musician in the US back in my home country. I also have plenty of promotional materials from shows that we played. I have also done some talent scouting for my label, it wasn't official but I could probably get an official letter from them regarding that, would that count as judging the work of others? I am also a member of ASCAP, not sure if that counts as an association "demanding oustanding achievement" or not? I am also on the roster for a management team that has many major artists on their roster as well, they have an annual income in the millions, does that count for membership in an organization requiring "outstanding achievement" or as a "distinguished organization"? Depending on the scope of definition I believe I can qualify for 3 or possibly more.