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EB1 & NIW ASSESSMENT

    I-140 – Adjustment of Status

What Is I-140 Based Adjustment of Status?

Adjustment of Status (AOS) through an I-140 petition is a vital pathway for employment-based immigrants seeking U.S. permanent residency without leaving the country. At USA Visa Now, we expertly guide clients through this process, specializing in EB-1 (including EB-1A and EB-1C) and EB-2 NIW petitions to ensure a seamless transition to green card status.
 
Eligible individuals in the U.S. can use Form I-485 to adjust from non-immigrant statuses such as H-1B or L-1 to permanent resident, bypassing consular processing abroad. This ensures you can remain in the U.S., minimizing disruptions to your work and life while awaiting your green card.

The I-140 AOS process is often preferred by professionals on H-1B or L-1 visas, as it allows them to continue working in the U.S. without interruption. According to USCIS, over 80,000 employment-based green cards were issued via AOS in 2023, highlighting its popularity among skilled workers.

Eligibility for I-140 Based Adjustment of Status

To qualify for AOS through an I-140 petition, you must meet specific criteria:

Lawful U.S. Presence

You must be in the U.S. under a valid non-immigrant status (e.g., H-1B, L-1) at the time of filing, though some exceptions apply for minor status violations.

Visa Availability

A visa number must be available in your preference category (e.g., EB-1, EB-2) based on the USCIS Visa Bulletin’s priority date.

Admissibility

You must not have any grounds of inadmissibility (e.g., criminal history, immigration violations) unless a waiver is available.

I-140 Based Adjustment of Status

The Adjustment of Status Process

The AOS process involves several steps, which USA Visa Now streamlines for efficiency and accuracy:

File the I-140 Petition

We prepare and submit your I-140 petition, showcasing your eligibility for categories like EB-1A (extraordinary ability), EB-1C (multinational executive), or EB-2 NIW (national interest waiver).

Check Visa Availability

We track the USCIS Visa Bulletin to ensure a visa number is available based on your priority date for EB-1 or EB-2 categories.

File Form I-485

After I-140 approval (or concurrent filing), we file your I-485, including I-765 (work authorization) and I-131 (travel document) if needed.

Biometrics and Interviews

USCIS schedules a biometrics appointment, and an interview may be required to verify your case.

Receive Your Green Card

Upon approval, you’ll receive your green card, granting permanent residency.

Required Documents
  • I-140 Petition: Evidence supporting your category, such as awards for EB-1A, managerial records for EB-1C, or national interest proof for EB-2 NIW.
  • Form I-485 and Supporting Forms: Including I-765 (EAD) and I-131 (Advance Parole) for work and travel permissions.
  • Passport and Status Proof: Copies of your passport and I-94 to verify lawful entry, often held by H-1B or L-1 visa holders.
  • Birth and Marriage Certificates: For identity and family details, if applicable.
  • Medical Examination (Form I-693): Completed by a USCIS-approved civil surgeon.
  • Photos and Fees: Passport-style photos and USCIS filing fees for all forms.

Common Challenges and How to Avoid Them

The AOS process can be complex, with potential hurdles that USA Visa Now is equipped to address:

Visa Retrogression

If visa numbers become unavailable, your application may be delayed. We monitor the Visa Bulletin and strategize accordingly.

Requests for Evidence (RFEs)

USCIS may request additional documentation. We respond promptly with comprehensive evidence to strengthen your case.

Status Maintenance

Falling out of status can jeopardize your application. We ensure compliance with your current visa conditions.

Admissibility Issues

Issues like prior overstays or criminal records can complicate approval. We explore waivers and mitigation strategies to resolve these concerns.

Frequently Asked Questions

What is the I-140 AOS Solution?

The I-140 AOS Solution is a process where individuals with an approved or pending I-140 petition (e.g., EB-1, EB-2 NIW) can adjust to permanent resident status using Form I-485 while staying in the U.S., avoiding consular processing abroad.

Who is eligible for I-140 AOS?

You’re eligible if you have an approved I-140 petition (e.g., EB-1A, EB-1C, EB-2 NIW), are lawfully present in the U.S. (e.g., on H-1B or L-1 status), have a current visa number, and are admissible with no significant immigration violations.

Can I file I-140 and I-485 together?

Yes, concurrent filing of I-140 and I-485 is possible if a visa number is immediately available for your category (e.g., EB-1A or EB-2 NIW), allowing you to adjust status sooner with USA Visa Now’s guidance.

How long does the I-140 AOS process take?

The process varies; I-140 approval can take 6-12 months, and I-485 processing may take 6-18 months, depending on visa availability and USCIS workload. We aim for a quick turnaround with most petitions ready in seven business days.

What if my visa number is unavailable?

If your visa number (e.g., EB-2 NIW) is retrogressed, your I-485 processing pauses until it becomes current. USA Visa Now monitors the Visa Bulletin and advises on the best strategy to proceed.

Can my family adjust status with me?

Yes, your spouse and unmarried children under 21 can be included in your I-485 application, allowing them to adjust to permanent resident status simultaneously with your EB-1 or EB-2 NIW petition.

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