Powered by Avvo.com

Multiple I-797/I-94s?: My original H1B extension expires in March'18. Later my employer filed amendment (with extension) till Dec' 18. While it is in process they filed another amendment (without extension). My first amendment came first with December'18 date. My second amendment came after six months with March'18 date.

I am wondering which I-797/I-94 is valid now.

Thank you.

Asked over 8 years ago in Immigration

Ruben’s answer: The last I-797, with the most recent notice of action date, should control. However, it is best to verify with your employer's attorney who filed the petitions.

Answered over 8 years ago.


Should I apply for O-1 or O-1B/O-3 visa ? Need urgent counsel: I am an actor from India. Most of my acting work is based in US in last 3 years.I have some acting credentials that include working with some named production companies as well as short-films .Also I have done lot of theater and completed 2-yr intensive acting program at a renowned acting conservatory in Los Angeles. I have a renowned LA based agent both for commercial and theatrical . Since my OPT ran out, I changed my status to visitor visa. I feel I might have enough credentials to apply for O-1. But I saw someone saying something about O-1B and O-3 if my credentials are little less.
Kindly explain to me the difference of above and how it impact possible granting as well as employment authorization and legal status in US . My B-1 visa is running out so I need to know if I should go for the next petition and the right category for me.
Thanks in advance !!!

Asked almost 10 years ago in Immigration

Ruben’s answer: Have an attorney, with experience handling O-1 petitions, review your resume to determine whether the O-1B is a realistic option. Many offer free assessments and can point you in the right direction. Best of luck.

Answered almost 10 years ago.


O-1 VISA APPROVED CAN I CHANGE MY GC CATEGORY FROM EB-3 TO EB1?: GC is still in process since o-1 is approved I was wondering if I can "upgrade" GC application from EB-3 to EB-1?

Asked almost 10 years ago in Immigration

Ruben’s answer: They are two separate petitions. In other words, obtaining an O-1 has no bearing on an EB-1. If you believe you may be qualified for the EB-1 category, a new and separate I-140 petition must be filed. Though the requirements of an O-1 and EB-1 are very similar, there is a higher burden of proof placed an EB-1 petitions. Thus, have an attorney review your resume and qualifications before applying. Best of luck.

Answered almost 10 years ago.