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  • What are my options?

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    I arrived in the USA on an L1A visa in Apr 2019. My firm will apply for a EB1C for me in Apr 2020.

    Personal situation: Indian passport. L1A visa valid till Apr 2022. Base pay ~250k and manage a division for my firm here so i guess EB1C criteria should not be a problem.

    I am unhappy with some recent management changes and evaluating my portability options. Would be helpful if I could get clarity on the following questions

    1.) What is the exact process and timelines for the EB1C green card process for Indian citizens? All the online sites talk very generically.

    From what i understand it is as follows, keeping in mind the 3 year waits
    Step 1) File I-140
    Step 2) USCIS processes I-140 over 12-18 months with multiple requests for information
    Step 3) I-140 approved but GC not approved due to 3 year waitlist
    Step 4) File I-485 and wait priority number to become current
    Step 5) USCIS issues GC when priority# becomes current.

    Qn: Is this the correct process? or Can I-485 be applied only after priority number becomes current

    2.) Will USCIS start processing the I-140 and take 12-18 months to approve? Or do they do that only when the priority# becomes current?

    3.) I read about EAD cards and advance parole etc? What are they and where do they come into the picture?

    4.) When can I move employers when I am on an L1A? Can I only do it 180 days after I-485 is approved to an employer who is willing to certify me as being EB1C compliant? Or do I have an option of moving to another employer on L1A who is willing to restart the I-140 process again (but I get to keep the priority#)

    Thanks in advance

  • #2
    Step 4 can be undertaken only when your PD becomes current (in fact that is what one means when they say PD is current).

    PD is relevant only to your I485/GC. I140 processing has nothing to do with it.
    EAD/AP come into play after you apply for your GC (file I485 if you are doing AOS).

    Just an opinion; Not legal advice.

    Comment


    • #3
      So this means that I485 cannot be filed until the PD becomes current (meaning the PD is within the final action date in the visa bulletin)? As per the latest visa bulletin the PD for EB1 is Feb 2017ish so that means a 2.5 year wait?

      Comment


      • #4
        PD does not move in a linear fashion. So it could be longer or shorter than 2.5yrs. Yes, you have to wait until your PD becomes current to file I485. That is the rationale for having a PD in the first place.
        Just an opinion; Not legal advice.

        Comment


        • #5
          Originally posted by evaloptions View Post
          So this means that I485 cannot be filed until the PD becomes current (meaning the PD is within the final action date in the visa bulletin)? As per the latest visa bulletin the PD for EB1 is Feb 2017ish so that means a 2.5 year wait?
          June visa bulletin, FA dates for EB1 people born in India is 01JAN15.

          Last year, during the first 4 months of the fiscal year (Oct18-Jan19), for EB you were able to use Date for Filing. That at least gives you the option to start the process and get EAD/AP, if the PD is current for that chart and still not current for FA dates.
          Nov 2018 - Package sent - EB - Texas Service Center
          Day 1 - Package received at the lockbox
          Day 999 - Card delivered to me - Aug 2021
          ---
          All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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