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How I got an O-1 visa as a software engineer

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Re: How I got an O-1 visa as a software engineer

#71
post #60

Earlier quoted context omitted.

How long did the process take? I became a citizen without an attorney and from start to finish it was about 5 years... Different process used though (got married). Got a pile of paper about 2 inch high from all the forms I had to fill, mail that I sent and received, etc... Painful process.

Our case took around 14 months for the EB-1 from the first call to lawyer to the green card in our mailbox.

Does this timeline depend on country of birth?

Re: How I got an O-1 visa as a software engineer

#72

Glad you made it OP, congrats! As an immigrant in the US I went through the "Extraordinary Ability" path and the process was a journey of pain and anxiety. Many roundabouts with a lawyer that promised me expertise in the process and it ended up with a NOID (Notice of Intention to Deny - something like that) from USCIS. My wife and I had to study the USCIS manual page by page and re-wrote almost all documentation from…

Unfortunately immigration law is full of quack attorneys who abuse immigrants. If you feel you were unfairly treated or scammed, you should report your lawyer to their local Bar organization. Most will take it very seriously - especially in immigration, a repeat offender will often lose their license.

At the same time, the political climate and even the person you get reviewing your application could make a difference. I was denied the first time I applied for PERM after the officer combed through the supporting paperwork to find problems. Was it my lawyer's fault? Did my employer make a mistake in the job search? Was it because it happened in the Trump years? Who knows.

Re: How I got an O-1 visa as a software engineer

#74
post #71

Earlier quoted context omitted.

Our case took around 14 months for the EB-1 from the first call to lawyer to the green card in our mailbox.

Does this timeline depend on country of birth?

Yes, you'll want to google for the "Visa Bulletin" to see the current dates for different countries. India and China are currently backlogged.

Re: How I got an O-1 visa as a software engineer

#75

I have a dumb question but how often do tourist visa overstayers get deported while running their own business under an incorporated ITIN? There's not even an I-9 check for non-employee income. There's got to be millions of people doing something like this or as 'independent contractors' considering how trivial it is and the obvious completely broken immigration system that demands these kinds of hacks.

Is the immigration system broken? Or are there just billions of Indian and Asian people?

There are 750 million Europeans , and maybe 4.5 billion Asians (6 times more in Asia than Europe).

But the wait and difficulty is much more than 6 times if you’re Asian versus if you’re European.

Re: How I got an O-1 visa as a software engineer

#76

Earlier quoted context omitted.

Unfortunately immigration law is full of quack attorneys who abuse immigrants. If you feel you were unfairly treated or scammed, you should report your lawyer to their local Bar organization. Most will take it very seriously - especially in immigration, a repeat offender will often lose their license.

At the same time, the political climate and even the person you get reviewing your application could make a difference. I was denied the first time I applied for PERM after the officer combed through the supporting paperwork to find problems. Was it my lawyer's fault? Did my employer make a mistake in the job search? Was it because it happened in the Trump years? Who knows.

My application for EB2-NIW was recently denied for totally inappropriate reasons. The process has a randomness component to it, what you can do is to maximize your chance of success but it’s still a chance.

Re: How I got an O-1 visa as a software engineer

#77
post #37

O1 isn’t that hard with a good immigration lawyer. It’s about checking boxes, not extraordinary talent.

if you're not hacking the immigration system, are you really an engineer??

It is a system with a feedback time of months-years. At these time horizons, you can’t do rapid iterations, and you have to be extremely risk-averse. The system is also indeterministic so not conducive to hacking.

Re: How I got an O-1 visa as a software engineer

#78
post #37

O1 isn’t that hard with a good immigration lawyer. It’s about checking boxes, not extraordinary talent.

if you're not hacking the immigration system, are you really an engineer??

A friend of mine is an actor, not famous at all but was given this visa. Not and engineer at all but has some type of hacker mind: really stubborn and being resourceful in some scenarios.

Re: How I got an O-1 visa as a software engineer

#79
> May 2022 - Left my SWE job at Wave and incorporated my own startup called Path (a Delaware C corp) I was permitted to remain in the USA, since I was not employed by Path yet. My understanding is that it is permissible to do exploratory work on a new startup as long as you are not employed by that startup, and your previous visa has not expired. It was during this time that my cofounder and I raised money for Path. Note: If I had left the USA during this time, I would not have been permitted to re-enter on my old L1-B visa.

This sounds iffy. I'm in the US on a L1-B visa as well, and my company went through rounds of layoffs, which concerned me. All information I've read, including the immigration team from my company (Big Tech), points out that if I lost my job, I would have had a short time to leave the country with no chance to find other jobs.

Unless I'm reading too much into it, it sounds like OP spent some time in the US in an illegal status, until that gap was bridged with the new visa.

Re: How I got an O-1 visa as a software engineer

#80
post #71

Earlier quoted context omitted.

Our case took around 14 months for the EB-1 from the first call to lawyer to the green card in our mailbox.

Does this timeline depend on country of birth?

Indians applying for EB-2 have a waiting time of 200 years based of the total number of available visas per year and pending cases.
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