People say that if you get an O-1 first, an EB-1 gets approved more easily — like it somehow confirms your status. But I’m already in the US and don’t see why I should waste extra time and money on an O-1 if I can file the I-140 directly. Has anyone actually checked whether this route gives any advantage, or is it just a myth?
Go ahead and apply directly for an EB-1 if you’re already in the US — an O-1 is really an unnecessary extra step here )
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To be honest, that’s more of a myth. The criteria for O-1 and EB-1A are pretty similar, and if you’re already in the States there’s no point in paying twice for basically the same thing. An EB-1 officer doesn’t really look at a prior O-1 — they evaluate your evidence directly against the criteria. Roughly speaking, the scheme only makes sense if you needed a quick way to get into the US and you’re already here.
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You don’t get any credit for a previous O-1 when applying for EB-1 — the officer evaluates the evidence from scratch. It effectively means paying twice for the same set of criteria.
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Plus, the standard for EB-1A is substantially higher than for the O-1, and with the O-1 route there are additional complications around forming a company and arranging to be your own sponsor.
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