O1 visa expiring and Expedited I140. RFE'D. I'm not if my lawyer's approach is smart!

[manilaboy83 9]

Hello everyone.

Hopefully someone can assess my friend's situation as we feel like we aren't doing the best approach for this situation. My friend, a professional dancer and currently on O-1, has a pending EB-1 application. Our lawyer advised us to file for EB-1 instead of renewing the O-1 this coming May. At first, the lawyer was all positive assuring us that case is winnable as my friend's credentials are indeed great. EB1/I140 was processed mid-December and was filed Mid-January 2016. Nothing was moving so we decided to expedite in Mid-Feb. They did send us a portfolio of the documents submitted and i must say they did a good presentation. My was is able to meet 3 of 10 criteria with really good supporting paperwork. However, March 16, we received the RFE stating that the venues we provided (Ford theater and Hollywood bowl) are not artistic enough. Our personal assessment is clearly the IO just skimmed through the thick documents and decided to request RFE anyways. Our is very good but is quite working slow and sometimes unresponsive. We have provided additional documents from his recent performances as well as referral letters for company directors.

It is April 4th and we are worried about certain issues.

1. Barely less than a month, should we renew O1?

2. if we are able to submit the RFE requested letters, and we dont get any response before May 1st (current O1 visa expiration) what is the repercussion? will his I140 result after May 1 (if ever approved and hopefully it is) becomes invalid? or that is ok since we are waiting for the result of the application?

i will appreciate any response.

[Jack2107 46]

Renew her visa!!!!

[manilaboy83 9]

Renew her visa!!!!

Thank you for the advise. I apologize im quite not familiar with this. Moreover, my friend is no longer financially able to spend more when he already had spent $11k for this application. My question is. If, for example, we decide to not renew his O1 visa as there is an existing this EB-1 I140 anyway but the resolution happens after May 1 (his current visa expiration date), will this be a problem?? He will lose his legal status, that I understand. But will the I140 approval reinstate it?

[HollywoodNorth 22]

Shouldn't the agent/employment be paying for this? At least the O1?

I would file for a new O1 as a backup plan, file for premium processing so you can get the answer back in 1-2 weeks. If the EB1 route fails or takes longer, your friends status is protected.

As a former O1 entertainment worker, I looked at EB1/EB2 several times while my family based petition was processing. I met 7/10 of the NIW/EB1 requirements and even then my lawyers couldn't guarantee me a positive outcome. Likely but not near 100%.

In my personal opinion, I feel that meeting 3/10 of the selected criteria is the absolute minimum, and the lawyer should not have guaranteed you a positive outcome. IT's hard to know without more details.

[manilaboy83 9]

what will happen if we dont renew his O1 (expiration May 1st) visa as the EB1 application is on process (RFE and i think the paperwork will be submitted next week) simply because we cannot afford it anymore?

[HollywoodNorth 22]

Can your friends agent or employer pay the O1 fees? Is your friend currently employed?

I guess the question is if you can wait to see if your EB1 case adjudicates in your favor or not. If it doesn't, you can decide then if you want to file for an O1. The problem there is you may be out of status. Your friend should be ok leaving the US at that point and then filing for a new O1 from abroad but I'm not sure about filing for an new O1 when your old one is already expired while staying in the US, I've heard of people getting a new visa issued via I797 a few weeks after their one old expired but that's a question for the lawyer. That seems like a grey area to me.

I've had O1's and I never had to pay the fees for them, my employer did.

Edited April 7, 2016 by HollywoodNorth

[manilaboy83 9]

they wont this time. and that is why we decided to pursue the EB1 visa instead.

that is our main concern, the period between the current expiration and the resolution of the visa. We certainly dont want him to go home when we know theres a chance of APPROVAL. If, he loses his status, and for example the I140 EB1 gets approves weeks after, thats not a problem right?

i just spoke with the lawyer and they are going to address the RFE and submit additional documents next week. Im not sure how that premium processing works. does that mean it will beanother 15 day of processing, or its back to their normal processing system and we have no pay another $1225??

That freaking IO really messed everything up! all the answers to his RFE is on the portfolio we submitted!

[HollywoodNorth 22]

Oh in that case your friend is fine while the case is being processed he can stay until it's resolved.

That being said, the O1 visa will still expire on May 1st and your friend can not legally work after that date.

I don't think premium processing is going to help you with a case that's already being processed with an RFE.

I'd recommend premium processing if your friend happens to file for a new O1 visa, because you'll be guaranteed an answer within 2 weeks

Best of luck!

Edited April 7, 2016 by HollywoodNorth

[manilaboy83 9]

Thank you much for the info! That's what we've been asking the lawyer, is he still gonna be ok after May 1 if, for example, there is no resolution yet for the EB1. We were in limbo and wasnt sure if the result of the EB1 will become void if its finalized after May 1.

i really appreciate your kindness! thanks too and more success to you