Experience renewing O-1 with pending AOS?

[sarahc123 0]

Does anyone have experience trying to renew an O-1 visa with a pending AOS? I have consulted with two different immigration lawyers about this and both agree it may or may not be renewed because the O-1 is sort of a grey area when it comes to dual intent. I've had an O-1 for several years and it's at the point where I need to reapply annually, so the timing is difficult given that wait times for an EAD can be almost a year. Wondering if anyone can share personal experience with this.

[OldUser 6,636]

1 minute ago, sarahc123 said:

Does anyone have experience trying to renew an O-1 visa with a pending AOS? I have consulted with two different immigration lawyers about this and both agree it may or may not be renewed because the O-1 is sort of a grey area when it comes to dual intent. I've had an O-1 for several years and it's at the point where I need to reapply annually, so the timing is difficult given that wait times for an EAD can be almost a year. Wondering if anyone can share personal experience with this.

What's the AOS based off? Marriage to a US citizen?

[Boiler 45,479]

EADs usually take half of that, are you looking for a visa or status?

[sarahc123 0]

21 minutes ago, OldUser said:

What's the AOS based off? Marriage to a US citizen?

Yes.

[OldUser 6,636]

3 minutes ago, sarahc123 said:

Yes.

Have you filed I-765 and I-131 with I-485? If you believe your marriage is strong, you can just work off EAD based on AOS. Even if you lose status, it will be forgiven.

 

You cannot leave the US without Advance Parole (I-131), because you'd abandon AOS.

 

Unless you have an urgent reason to do, I'd just wait for GC.

[sarahc123 0]

11 minutes ago, OldUser said:

Have you filed I-765 and I-131 with I-485? If you believe your marriage is strong, you can just work off EAD based on AOS. Even if you lose status, it will be forgiven.

 

You cannot leave the US without Advance Parole (I-131), because you'd abandon AOS.

 

Unless you have an urgent reason to do, I'd just wait for GC.

Current wait times for EADs are all over the place. My immigration lawyer said that they are often taking 8-12 months. My question is whether anyone in the same situation (pending AOS application, and as part of that, a pending EAD application) has successfully renewed an O1. The concern is an interruption in employment if the O1 expires before the EAD is approved. Thanks.    

[OldUser 6,636]

8 minutes ago, sarahc123 said:

Current wait times for EADs are all over the place. My immigration lawyer said that they are often taking 8-12 months. My question is whether anyone in the same situation (pending AOS application, and as part of that, a pending EAD application) has successfully renewed an O1. The concern is an interruption in employment if the O1 expires before the EAD is approved. Thanks.    

- Do you have to leave the US in order to renew it? (I suspect yes)

- Do you have a Advance Parole (I-131)? (I suspect no)

 

Verdict: you cannot leave the US without abandoning AOS. If you abandon it, you'll have to refile and pay all the fees again. I'd think you'll be allowed to do it if you're in valid O-1 status at the time.

 

Let's see if anybody has a first hand experience, but it's a very narrow criteria and not a everyday situation, so it may be quiet for a while.

 

Sometimes with immigration you cannot have it all and you have to prioritize, unfortunately.

Edited January 27 by OldUser

[sarahc123 0]

I have an O1 visa. I renew it annually from within the US. I do not have to leave the country to renew it. Advance parole does not apply to my situation. 

 

I think it's probably not an uncommon question among O-1 visa holders, but it's true that there aren't that many O-1 visa holders. Thanks for your efforts to help. 

[appleblossom 2,483]

If you have an O-1 then can you not file for an employment based green card instead? It would be be so much quicker than via a spouse, as you can apply using Premium Processing. 

[sarahc123 0]

51 minutes ago, appleblossom said:

If you have an O-1 then can you not file for an employment based green card instead? It would be be so much quicker than via a spouse, as you can apply using Premium Processing. 

The criteria for O-1 are much lower than an employment-based green card. If I were eligible, then I would apply. I have an excellent immigration lawyer. 

[appleblossom 2,483]

6 minutes ago, sarahc123 said:

The criteria for O-1 are much lower than an employment-based green card. If I were eligible, then I would apply. I have an excellent immigration lawyer. 

 

I've had both. My lawyer said exactly the opposite! I submitted exactly the same evidence for both my O visa and my EB1A, got the immigrant visa through in a few months without any RFE's.

Edited January 27 by appleblossom

[sarahc123 0]

1 hour ago, appleblossom said:

 

I've had both. My lawyer said exactly the opposite! I submitted exactly the same evidence for both my O visa and my EB1A, got the immigrant visa through in a few months without any RFE's.

Thanks for your opinion. I'm really only looking for a specific answer to my question, not general immigration advice. 

[appleblossom 2,483]

12 minutes ago, sarahc123 said:

Thanks for your opinion. I'm really only looking for a specific answer to my question, not general immigration advice. 

 

OK, I was just trying to help. You specifically mentioned 'timing is difficult' in your first post - cutting a year or more off your processing time and getting a green card by late spring/early summer may have helped with the that, by avoiding the whole O renewal issue entirely for you. So I thought it was worth suggesting. 

 

 

Edited January 27 by appleblossom

[Boiler 45,479]

2 hours ago, sarahc123 said:

I have an O1 visa. I renew it annually from within the US. I do not have to leave the country to renew it.

You cannot renew a visa in the US.

 

There is a new procedure for H1b in very limited circumstances but even that has not started.

[OldUser 6,636]

10 minutes ago, Boiler said:

You cannot renew a visa in the US.

 

There is a new procedure for H1b in very limited circumstances but even that has not started.

I'm not very familiar with O-1 but I suspect what OP actually meant is extension not renewal. From my limited research, O-1 status can be extended without leaving the US.

 

I do not see a problem here. OP can have AOS and O-1 extension going at the same time because of O-1's dual intent.

 

~ Not a legal advice ~