Apply EB1 from the USA (visitor) or outside???

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itsgiomNew Member
Topic author
Posts: 9
Joined: 13 Mar 2009

Apply EB1 from the USA (visitor) or outside???

Post Fri Apr 02, 2010 12:41 pm

I'm in the USA right now and wonder if I should apply for my EB1 from here...or leave and ask from Canada???
Considering those factors:
-Time
-Costs
-Chances of approval
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Apply EB1 from the USA (visitor) or outside???

Post Wed Apr 07, 2010 10:46 am

Are you working now? If not, it doesn;t matter.

But if you are working in US, and/or are in a hurry to get theis done, adjusting from US is faster than using consualr processing.

However, e warned that EB1 takes along time in either case, unless your a nobel laurate.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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itsgiomNew Member
Topic author
Posts: 9
Joined: 13 Mar 2009

Re: Apply EB1 from the USA (visitor) or outside???

Post Wed Apr 07, 2010 11:11 am

I'm just in the USA as a Tourist now.
And no, I do not work either in US or Canada...I'm just an elite athlete, training and doing photos.
I might apply right from here...but I wonder what the chances are of doing good in EB1.
I won a lot of international competitions and have many magazines photos..I been judging competitions as well, as of now I'm pretty much out of the todays competitions level.
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Apply EB1 from the USA (visitor) or outside???

Post Wed Apr 07, 2010 12:03 pm

It's unlikey that your EB1 can be processed in enough time to satisfy the time limit on your current B1 enry (which was six months), so you need to apply for Consular processing in canada.

Eb1 needs a lawyer to get done. Too complicated for layman.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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itsgiomNew Member
Topic author
Posts: 9
Joined: 13 Mar 2009

Re: Apply EB1 from the USA (visitor) or outside???

Post Wed Apr 07, 2010 12:06 pm

no it's possible, because it is recommended to apply i-485 adjustment of status during eb-1 process
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Apply EB1 from the USA (visitor) or outside???

Post Wed Apr 07, 2010 12:17 pm

I know what is possible and not. I-485 is for people that are currently in US in a status that has some time left on it. How long have you been in US? If it is more than a month or 2, you will not get what you need to stay in US for the time it takes.

And -- has we have discuused before -- an EB1 petition is VERY subjective. It is not the filling in of the I-485 that is difficult, it is the proper 'packaging' of your supporting documents to prove that your past accomplishments are related to what you will now do while in US. For a curent athelete that might be simple (but he would still use a lawyer), but for an ex-athelete it's a little more tricky.

You nned to show "futue benefit to US"

Here's an example from Murthy,.com

As this analysis shows, there are many factors to be considered when determining whether an individual has reached extraordinary ability caliber. It is important to note that an individual also must plan to continue working in his or her field of extraordinary ability. If an individual was an extraordinary athlete, he or she cannot enter the U.S. to be a coach of a team. There must be intent to continue working as an athlete. As the analysis states, since this classification does not require a job offer, this determination will be based largely on the petitioner's or attorney's assertions about future work in the field.


See a lawyer.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Gabby677Junior Member
Posts: 16
Joined: 24 Jun 2010

Re: Apply EB1 from the USA (visitor) or outside???

Post Thu Jun 24, 2010 12:50 pm

APPLY!
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