Swaraj Kumar Posted July 22, 2017 Report Share Posted July 22, 2017 Hi All, I am Swaraj and currently working for a reputed Organisation in India. I stayed in US for 4+ years and returned in 2014 - during which my company has applied for my GreenCard under EB3 and I140 already processed (priority date in 2014). However, I would like to ask my company to upgrade to EB1 category. Before requesting the same, can i get answers to below questions please a. Is it possible to upgrade current EB3 to EB1 or would it be a new application all together? b. Can EB1 be filed from India - Till I140 is approved? (As per my knowledge Labour is not required for EB1) c. If above thing is possible and if I140 is Approved, what is the process/steps to get Visa (H1 / L1 / L1A or any other thing)? d. Can I485 be processed from India? or is it recommended to travel US on any Work Visa and then apply for I485. I have overall 11 years of experience in IT and as per my company hierarchy I can be considered for EB1. Your valuable feedback is much appreciated!! Link to comment
pontevecchio Posted July 22, 2017 Report Share Posted July 22, 2017 1. A new application. 2. Any EB based I-140 can be applied for in any country. 3. If I-140 is approved then you get the Immigrant visa at the appropriate consulate once the dates are current which they should be from October on. 4. By definition AOS needs a status in the USA from which you adjust to PR. Link to comment
Swaraj Kumar Posted July 24, 2017 Author Report Share Posted July 24, 2017 Thanks a lot for the reply!! This information is really helpful!! Link to comment
Swaraj Kumar Posted July 24, 2017 Author Report Share Posted July 24, 2017 Dear Ponte, Sorry if i spelled your name incorrectly - I have one more question, how long Immigrant Visa would be valid before filing AOS. Thanks, Swaraj. Link to comment
pontevecchio Posted July 24, 2017 Report Share Posted July 24, 2017 Either one gets an Immigration visa at the embassy after petition approval or one adjusts status after petition approval. Two separate things. Link to comment
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