Several lawyers say different things about EB-1 — some insist you must leave the U.S. to attend the interview in a third country, while others say you can do AOS (Adjustment of Status) without leaving. On forums I’ve seen people get EB-1 through AOS without leaving the United States. Who’s gone through this — did you choose an interview in a third country or AOS, and what influenced your choice?
I went through consular processing in Kazakhstan — I can tell you how it went. Administrative processing added several months beyond what the lawyer said; few people warn about that. If you have a status that allows AOS (adjustment of status) inside the country, that’s a strong reason not to leave: a consular officer can raise issues that USCIS simply doesn’t ask about during AOS, and that’s an additional layer of risk. Given what’s happening now with O-1 denials, I’d think twice before leaving if you have an alternative.
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if you have status under AOS (АОС) — there’s no need to add consular risk on top
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I filed through AOS — since I’d already had a consular denial in Warsaw, I didn’t want to add another layer of risk. I spent three weeks trying to get a slot there for the O-1, then got denied, then approved a week later after switching consulates — long story short, I’d had enough. If your status allows you to do AOS inside the country, I wouldn’t leave: an officer in person can ask things that USCIS wouldn’t ask from the paperwork, and it’s good if they understand your case correctly.
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I’ve seen a case like this — an EB-1 interview in Almaty: they were released from administrative processing only after 13 months and only got their passports with visas back at the end. They wrote to the embassy every month and received the standard boilerplate reply. If your status allows AOS, why leave and add that risk?
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AOS — no questions: if there’s a status of “13 months in Almaty,” that speaks for itself.
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