6 ms·

Hey Peter! Thanks for doing this! I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am

Hey Peter! Thanks for doing this! I’m trying to understand the dual intent nature of O1A. I’m a PhD student with EB2-NIW and EB1A approved. Unfortunately, I am not expecting a green card in the next 6-12 years due to my country of birth. I am eligible for O1A, but it seems like the dual-intent of O1A seems to be in grey area unlike H1B. Would I have any issues with O1A stamping in foreign embassies or during reentry given that I filed I-140 and showed immigration intent? Or is it safe to assume that O1A is also dual intent? Thanks!

proberts 2y ago
It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-1 was eventually issued. So, for all intents and purposes, the Consulates view the O-1 as a dual intent visa. Also, there's some preparation that you can do before applying for your O-1 visa and attending your O-1 visa appointment to minimize the risk if this issue is raised by the Consulate.
- alsodumb 2y ago
  Thank you so much for the response! Could you share a bit more on what the preparation looks like? It’s something I’ve seen vaguely mentioned in forums but no one shared the specifics of the prep. Thanks!
  - proberts 2y ago
    That would require a short discussion - give and take - and I'd be happy to prepare you when you get to that point.
    - alsodumb 2y ago
      Thank you! I’ll talk to the startup that’s hiring me soon to set up a consult with you through formal channels. Appreciate the responses here!
bhasi 2y ago
If EB1A is approved, my understanding is that the applicant becomes "current" and eligible for the green card at once without any waiting in the queue regardless of country of birth. Is that not correct?
- alsodumb 2y ago
  There’s a cap on how many EB1 green cards they give out per year, and there’s also a per country cap within that cap (no country cannot cross 7% of total cap) Unfortunately, there are a lot of EB1C greencard applicants from my country (India) as the bar for L1 and EB1C is pretty low. Since all EB1 visas (EB1A, EB1B, and EB1C) are counted together towards the cap, that means that even though I required a muncher higher bar to qualify for EB1A, I have to wait in queue with all the EB1C applicants who applied before me. Based on my estimate, it’ll be more than 6 years (or even more) for EB1A priority date to come to late 2024.
  - proberts 2y ago
    For those from China and India, based on the current backlogs, the process would take about 4-5 years; for those from every other country, there is no backlog in this category so the process could take less than 1 year.
  - desibanda 2y ago
    Don’t say unfortunately. With all due respect India needs such talent desperately and you don’t have to worry about 6 years!

proberts 2y ago

It is grayish but during the past 20 years I've only had one instance where the Consulate pushed back on the issuance of an O-1 visa because the applicant had an approved I-140. That was over 10 years ago and even in that case, the O-1 was eventually issued. So, for all intents and purposes, the Consulates view the O-1 as a dual intent visa. Also, there's some preparation that you can do before applying for your O-1 visa and attending your O-1 visa appointment to minimize the risk if this issue is raised by the Consulate.

alsodumb 2y ago
Thank you so much for the response! Could you share a bit more on what the preparation looks like? It’s something I’ve seen vaguely mentioned in forums but no one shared the specifics of the prep. Thanks!
- proberts 2y ago
  That would require a short discussion - give and take - and I'd be happy to prepare you when you get to that point.
  - alsodumb 2y ago
    Thank you! I’ll talk to the startup that’s hiring me soon to set up a consult with you through formal channels. Appreciate the responses here!

bhasi 2y ago

If EB1A is approved, my understanding is that the applicant becomes "current" and eligible for the green card at once without any waiting in the queue regardless of country of birth. Is that not correct?

alsodumb 2y ago
There’s a cap on how many EB1 green cards they give out per year, and there’s also a per country cap within that cap (no country cannot cross 7% of total cap) Unfortunately, there are a lot of EB1C greencard applicants from my country (India) as the bar for L1 and EB1C is pretty low. Since all EB1 visas (EB1A, EB1B, and EB1C) are counted together towards the cap, that means that even though I required a muncher higher bar to qualify for EB1A, I have to wait in queue with all the EB1C applicants who applied before me. Based on my estimate, it’ll be more than 6 years (or even more) for EB1A priority date to come to late 2024.
- proberts 2y ago
  For those from China and India, based on the current backlogs, the process would take about 4-5 years; for those from every other country, there is no backlog in this category so the process could take less than 1 year.
- desibanda 2y ago
  Don’t say unfortunately. With all due respect India needs such talent desperately and you don’t have to worry about 6 years!