Filing I485 - EB1 - Approved I140 - Have been ouside the country

Can I file for adjustment of status (I-485) immediately after arriving in the US or is there a manadatory wait time between your arrival date and when you can file for adjustment of status when EB1 priority dates are current for India?

Following are the details:

  • I have an approved I140 in EB1 Category - Priority Date December 2018
  • Received the EB1 I140 approval while being on L1A. As filing dates were not current could not file for the adjustment of status then
  • Later I was transferred out of the US and have been outside the US for last two years with the same employer
  • Now again moving to US with L1A for the same employer
  • Country of Birth - India
  • Filing and Final Action dates are current for EB1 at the moment

H1B and L1 are dual intend visa so there is not wait time as such. You can file AOS asap after entering on L1A using the approved I-140.


Thanks a lot for your response @Kalpesh_Dalwadi !