Some Applicants can file Extraordinary Ability Visa (EB-1A) and Adjustment of Status/ Green Card (I-485) at the same time for December 2019 and January 2020

As per the Department of State’s visa bulletin for December 2019 and for January 2020, date for filing are current for EB-1 categories for applicants from countries other than India and China. USCIS has confirmed that it will be using the dates for Filing for December 2019 and January 2020.

This implies that most petitioners already in the US (other than India and China) will be eligible for concurrent filing of EB-1A petition (I-140) and Adjustment of Status (I-485). Applicants can file for Employment Authorization Document (EAD) at the same time, the approval of which allows them to work in the US while their Green Card application remains pending. Approval for EAD usually happens quickly when compared to Green Card Application.

Applicants expecting to travel while their EB-1A based Green card remains pending should also apply for Advance parole (AP). Traveling without prior permission (AP) will lead to denial of Green Card application as the Green Card application will be deemed abandoned.

While concurrent filing is allowed in certain cases, everyone can file for consular processing at a country of their choice. Physical presence in the US is not a requisite for Extraordinary Ability Visa.

Filing Chart for December 2019

Filing Chart for January 2020

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