Doesn't matter since the EB1A requires a separate assessment that is not tied to the underlying status. But between the two, because of the inability to travel on an O-1 visa while in the last stage of the green card process, the H-1B is slightly better.
It’s not true. There are two steps to EB-1A: the statutory criteria, functionally identical to the O-1, and a final merits determination where the examiner evaluates the totality of evidence to determine if you belong to the small percentage at the top of your field. This is a far higher bar than O-1. Additionally, each petition before USCIS is evaluated independently, except for subsequent O-1 petitions with substantially similar facts. In such cases, USCIS policy and the APA’s prohibition on arbitrary and capricious action generally require approval absent extraordinary circumstances.
Thank you for responding so quickly.
I asked this question in the first place because I heard/read that an EB1A application is a little more likely to be accepted if you already possess an O-1 visa. The reasoning behind this being the similarity in the eligibility requirements for the O-1 and EB1A applications make them more “compatible”.
What do you think of this?