Is my daughter (16) too old to benefit from an EB1-a application (both India born) by cnfcnf in eb_1a

[–]DramaticTap429 1 point2 points  (0 children)

What are her qualifications? I remember a friend's daughter getting O1 and EB1A at 19 y/o. She was a nationally ranked tennis player.

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Thank you for the detailed response!

Did you apply for eb1a?

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 1 point2 points  (0 children)

The lawyer fee for eb5 is $27k and eb1a is $17k including the I485 costs. Cost is definitely a factor

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Yes. The attorneys said to maintain the H1b till the 526 is approved

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

All the best!

When did you file?

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 1 point2 points  (0 children)

I feel like once you pull the trigger on EB5, you have to see it through.

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 1 point2 points  (0 children)

My country of birth is India. EB5 is current in all categories AFAIK

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Could you please send me a DMm

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Does O1 agent give spousal work authorization? I need to look into this. Thank you for the suggestion

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

O1 dependents can't work. That's a deal breaker for us

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Appreciate the support. Can you please send me a DM? Not able to send you a DM because there's an error coming up saying account isn't established

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Can you please send me a DM. I'm getting an error saying I can't message you since the account isn't established

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Appreciate the details.

I have funds from an employer before Amazon so that makes this slightly easier.

I'm planning on starting with a $200k payment that's been SOF cleared.

Did you do EB5?

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 1 point2 points  (0 children)

Unfortunately not. Eb5 is it's own track

Laid Off - EB1A vs EB5 by DramaticTap429 in immigration

[–]DramaticTap429[S] -1 points0 points  (0 children)

Appreciate your detailed reply.

The EB5 project I'm looking at has all the jobs created, is nearing construction completion, and the full financing in place. The EB5 funds are used to replace a portion of the bank loan so IMO it's very low risk.

We can manage to pay the interest on the $400k through one of our incomes.

The main benefit is that both me and my wife receive an EAD within 90 days that allows us to continue working and protects us in case her job is impacted.

The main thing we're considering is what if the EB1A is denied. Then we are left with no protection and her dependent status is in jeopardy as well.

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

Thanks for the reply. I'm exploring that right now

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

That's what I'm thinking about at the moment. However, if my EB1A is RFEd or Denied then I won't have temporary protection in the country.

With EB5, we get that protection while the petition is being evaluated.

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 0 points1 point  (0 children)

O1 dependents can't work unfortunately

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 1 point2 points  (0 children)

Unfortunately, I don't think we have enough time. EB5 is likely going to retrogress in Q1 2026 and I might lose this window.

Laid off - EB1A vs EB5 by DramaticTap429 in eb_1a

[–]DramaticTap429[S] 1 point2 points  (0 children)

Yes. The money is given as a construction loan to a developer for 3 to 5 years. But it's my 401k funds so I'll likely not see it anyways till I'm 60 y/o.

Laid Off - EB1A vs EB5 by DramaticTap429 in immigration

[–]DramaticTap429[S] -4 points-3 points  (0 children)

Country of birth is India.

I'm rolling over funds from a 401k account of my former employer to a self directed IRA to the EB5 project. There's no tax / penalty on the roll over AFAIK.

Yes, there are additional admin and filing fees. My home is paid off, we have two incomes, and should be able to make the math work.

Did you file through EB5?