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

USA Green Card
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1

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
2

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.

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3

Thanks a lot for your response @Kalpesh_Dalwadi !