Stamp visa after starting GC processing

[quantummechanic 2]

I am currently based in the States and am working on my I-797. Given the current travel (and potential future immigration restrictions) it might be much harder for me to obtain a stamp on my recent visa. I was thinking of filling for a green card now, and then in the future stamping my visa (So I can continue to travel as I wait for the AOS). Is this legal / a good idea?

[arken 4,197]

Both: legal and good idea. What would be the basis of your GC application?

[Crazy Cat 41,836]

4 minutes ago, shaunakde said:

I am currently based in the States and am working on my I-797. Given the current travel (and potential future immigration restrictions) it might be much harder for me to obtain a stamp on my recent visa. I was thinking of filling for a green card now, and then in the future stamping my visa (So I can continue to travel as I wait for the AOS). Is this legal / a good idea?

Please fill in your time line.  I-797?????   What visa????  It is impossible to give you solid answers with so little information.....Thanks...

[quantummechanic 2]

@Lucky Cat and @arken

 

Thank you so much for your rapid response and my sincere apologies for the lack of details.

 

I arrived in the United States in November 2018 on a O1 visa. Since then, I had to change employers and filed for a fresh O1 petition with my current employer which was approved in February. I have been working with this new employer based on the I797C for the 2020 O1 petition. My employer has offered to sponsor an EB1 but my personal lawyer advised me to use the marriage route instead since I am married to a US citizen and my place of birth (Kolkata, India) would mean over 4 years of processing time for the EB1 petition. 

Currently, as we wait out the pandemic - my SO suggested we file for the GC via marriage ourselves (either using boundless or my personal lawyer) since the political climate of the United States might become a little tense in the coming months. Personally I was planning to fly to either Vancouver or Mumbai and stamp the new O1 over the summer (due to my background and field of work - this takes between 30-45 days with a 221g check) and then subsequently start either GC processing. 

 

My questions around this are:
1. If I do file my AOS application now (and wait for the AP and EAD to arrive) will I be able to, say in December travel to India and get my O1 stamped? It would be advantageous for me to be able to travel because I have a major conference mid next year in Japan that I have spent a lot of time planning and organizing, and consequently would love to attend. 
2. Would it be advisable to continue working till the current situation resolves and just go down the slow but employer sponsored EB1 route itself? Given that the chance of rejection at the end of the process in this route is almost zero, as compared to a bad interview ruining things in the marriage based GC route. 
3. Is Boundless.com worth paying for? I have a good relationship with my lawyer and will be able to get him to file this application for about the same price as boundless (give or take a few hundred dollars) - and from what I understand, it is not a complicated process if one is meticulous in filling out the forms. In this scenario, I am trying to decide if I should fill them myself and use eeg-law group to file, or use boundless totally. 

Again, thank you so much for your help and advise. It feels a little strange sharing intimate details online - but I am more than overwhelmed by the support in this community. Thank you!

[arken 4,197]

If you are married to a USC, then going i130/AOS process is the best rather than EB1 at this time. You can’t file for AOS now  thru EB1.

 

Once you file for AOS, it’s very likely you will be denied the O1 visa stamping since O1 is not dual intent. You can use AP to travel abroad and come back though.

[fs2439 46]

I am also on an O1, have a usc partner, and filed NIW. Did not do marriage. If you want to do marriage, and your employer would be paying for eb1, did you consider doing both? I would file for the green card now and use advance parole for travelling. Travelling on the O while the green card is processing is tricky because the O is not clearly dual intent and you could potentially have trouble getting back in the country. You would most likely be fine, but my lawyer advised against taking the risk and I agreed that it made sense not to take it. Currently waiting to do biometrics for ap/ead, should have those shortly after application centers reopen🤞🤞🤞. Not too bad a wait. Main thing is to file asap, in my opinion

Edited April 25, 2020 by fs2439