The EB-1 green group is gone from being a guaranteed expedited pathway for all applicants for their initial application in many years. This time, at least. A final action threshold date for EB-1 applications born during China or India was published in the August 2016 issue of the visa bulletin, validating recent forecasts concerning an EB-1 visa retrogression.
Until additional visas become available, many candidates from India and China who submitted an I-140 EB-1 case prior to or after the end of the deadline would be unable to receive an immigrant visa or modify status.
Perhaps you are a citizen of Indian or Chinese person and have filed for or are considering applying to get an EB-1 green card, you should be aware of the following.
Those seeking green cards under the EB-1A (exceptional ability), EB-1B (excellent researcher), or EB-C (multinational executive/manager) categories are now facing a backlog in visa processing times.
Your I-140 petition may be filed at any time. Timing of your I-485 adjustments of status application filing and approval is entirely subject to the visa bulletin.
Adjustment of status applications must be submitted by July 31, 2016, if the petitioner is still awaiting a decision on Form I-140.
Those whose I-140 petitions were authorized before to January 1, 2010 had until August to submit their adjustment of status applications.
Adjustment to status (I-485) applications may be filed with EB-1 applications in July. However, your I-485 registration will similarly be refused if your I-140 application is denied.
Your I-485 will be in limbo until its priority date is current, even if your I-140 is accepted and you apply for adjustment of status. If your priority date is not yet current, keep checking the visa information bulletin’s final action chart.
With an approved EB-1 I-140, a priority date of January 1, 2010, or later, and approaching the sixth year of your The H-1B visa visa, you’ll be eligible for a three-year extension.
A fresh pool of 140,000 employment-based visas becomes available at the beginning of each fiscal year. The EB-1 subcategory will become active again starting in October, per a notice made by the Secretary of State last month.