What happens to H-1B time if the green card stalls?

If your green card case stalls, an approved Form I-140 lets you extend the H-1B beyond the standard six-year limit, so you do not run out of status while you wait. A one-year extension is available when a labor certification or I-140 has been pending long enough.A three-year extension is available when an approved I-140 cannot yet convert to a green card because a visa number is not available.

Can I file EB-1A and EB-2 NIW at the same time?

Yes. USCIS allows concurrent filings because each is a separate I-140 petition with its own receipt number and adjudication. The two filings cost you two sets of filing fees and attorney work, but they give USCIS two independent paths to approve your green card on the same underlying evidence.Concurrent filing is most useful when you want maximum speed and your evidence portfolio plausibly supports both standards.

Who is subject to the two year home residency requirement?

Anyone whose program was funded by the U.S. or home government, whose field appears on the Exchange Visitor Skills List for their country, or who came for graduate medical education. Where none applies, the requirement does not attach.

How long is the E-3 visa valid?

The E-3 is generally granted in up to two-year increments and is renewable, typically with no hard cap on the number of renewals, as long as you keep meeting the requirements and your employment continues.That biennial renewal rhythm differs from the H-1B's up-to-six-year total ceiling.

Can I use premium processing for an H-1B change of employer?

Yes, premium processing is available when you change employers. It allows USCIS to review the petition faster, helping you confirm your new work authorization more quickly so you can begin your new role without delays or uncertainty.

Meeting the rigorous criteria for an EB-1A visa

Securing a US green card is a daunting task; it takes plenty of time and patience. Samuel Urquijo, founder of Keybe, navigated the process with Tukki’s help, a platform designed to help people obtain their visas smoothly and simply, backed by paralegals and lawyers in the US.

We were lucky to hear Samuel’s account of the support and guidance he accessed and will share what you can learn from his experience.

Exploring US immigration options

Samuel first came across Tukki at a networking event organized by McKinsey in Miami. There, he met Ramiro Roballos and José de Wit, who spoke passionately about their startup, Tukki. Their enthusiasm and deep understanding of the immigration process — having suffered through the archaic process personally and second-hand respectively — immediately resonated with Samuel.

They had caught Samuel just as he was contemplating transitioning from an O-1 visa to an EB-1A, in order to secure a green card and establish long-term residency in the US with his wife.

The O-1A Visa vs. the EB-1A Visa

Samuel’s journey began with the O-1A visa, a nonimmigrant visa for individuals with extraordinary abilities in their field. While the O-1A allowed Samuel to live and work in the US, the visa had its limitations:

The visa was valid for only three years, requiring going through renewals to stay in the US
The O-1A visa was tied to an employer, requiring additional paperwork and new petitions to work for another company
Additionally, the applicant’s spouse, who was holding an O-3 visa in Samuel’s case, could not obtain a Social Security Number or work in the US, adding further constraints.

Living and breathing these limitations, Samuel decided to pursue the EB-1A visa, which is also designated for individuals with extraordinary abilities but offers a pathway to permanent residency. Seeing that his transition from a O-1A to EB-1A was driven by his desire for long-term stability and the ability to live and work in the US indefinitely, Tukki got to work helping him evaluate the options.

Rigorous criteria to meet

Tukki’s role in Samuel’s immigration journey started by providing expert legal guidance and support throughout the application process. The platform’s lawyers demonstrated a deep understanding of the legal requirements and strategic considerations involved in securing an EB-1A visa, according to Samuel. “Tukki was instrumental in helping me navigate the complex criteria and documentation required for an EB-1A visa.”

One of the key challenges for anyone applying for an EB-1A visa is meeting the rigorous criteria that demonstrate extraordinary ability. The lawyers from Tukki's network were adept at identifying and emphasizing the applicant’s qualifications and achievements that aligned with these criteria. The team provided advice to Samuel on which accomplishments to highlight and which to omit, guided him through the submission, one evidence piece at a time, and ensuring that the application presented a compelling portrayal of the founder’s extraordinary abilities.

“I was glad to know all of this up-front,” says Samuel. “They gave me the advice on which visa I’m a good candidate for, the cost, how to start, and what information to put in the petition.” Tukki believes there’s no reason for you to waste time on a visa petition, so this process is standard for all applicants.

How to craft a strong EB-1A application

Tukki's support extended to the meticulous preparation of the application materials. The team helped Samuel compile a comprehensive and well-organized dossier, focusing on elements that would make a strong case for the EB-1A visa. This included:

Expert Letters: Expert letters need to go beyond generic endorsements, ensuring that each letter provided substantive evidence of the applicant’s exceptional skills and contributions.
Professional Achievements: It’s important to strategically select and present your professional achievements. For Samuel, this involved a careful curation of work experiences, publications, and awards that showcased his impact and recognition in his field.
Publications and Media: While the applicant had a background in publishing scientific articles, Tukki advised on the importance of quality over quantity. Applicants should include only significant publications and media coverage that demonstrate true influence and expertise.

“Tukki helped me to get deep expert letters that describe specifically why these people recommend me, highlighting how my talent should be recognized in the US,” explained Samuel, who was approved for his EB-1A visa in June 2024.

Intricate differences: O-1A and EB-1A visas

The main differences are purpose and duration of the visa.

The O-1A is a nonimmigrant visa. It allows individuals with extraordinary ability in arts, science, business, education, or athletics to work in the US. The visa is granted for a specific job or event and is initially valid for up to three years, with the possibility of extension.
The EB-1A visa, on the other hand, is an employment-based immigrant visa that allows people to obtain permanent residency in the US. There are three categories of EB-1 visa: EB-1A is for individuals with extraordinary ability in arts, science, business, education, or athletics. EB-1B is for outstanding professors and researchers, while the EB-1C is for multinational executives and leaders.

To cater to the differences, Tukki's team always manages applicants’ expectations and communicates transparently to alleviate the stress associated with the application process.

Samuel's experience with Tukki underscores the impact that expert guidance and strategic support has on the US immigration process: “Tukki was really helpful in showing me what’s important and what to leave out, to avoid creating noise into the process. Their lawyers and tech guided me all the way to visa approval.”

Tukki's comprehensive approach, from initial consultation to detailed application preparation, aim to provide a structured and achievable path — culminating in a premium US immigration experience.

Want to find out which visa is ideal for you? Try Tukki’s visa match tool to find out which US visa you might be suited to.