I’m not in the U.S.; I have an O‑1 approval. I’ve heard you can get EB‑1 approval while outside the States and then enter on the O‑1. But I don’t understand—if you enter on the O‑1 with an already approved EB‑1, what happens next? Do you need to apply for adjustment of status inside the U.S., or do you still have to go through consular processing (with the possibility of administrative processing)?
If you enter on an O-1 with an already approved EB-1, you then file the I-485 inside the U.S. — that’s an adjustment of status, without consular processing. With EB-1 you can file the case simultaneously with the I-485 when visa numbers are available. The main advantage is exactly that: if you apply and remain inside the country, there’s no consular processing with its risks. Just note: if you later need to leave while the I-485 is pending, you need Form I-131 (Advance Parole); otherwise the case is considered abandoned.
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You need to wait 90 days from the date of entry before applying to change status — this is often not accounted for. A friend of mine had exactly that: she entered, waited three months, and only then filed Form I-485. And while the process is pending she can’t leave (unless she obtains Advance Parole).
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I was just thinking about this — on the I-140 there’s a section where you choose either adjustment of status (inside the US) or consular processing. If you’re on an O-1 in the US and pick the first option, then when a visa number becomes available you file the I-485 separately. Filing concurrently isn’t required; you can file sequentially.
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