The EB-1A Final Action Date for India is 15 October 2022 under the September 2026 Visa Bulletin, unchanged since July. The Dates for Filing chart for EB-1A India is 1 December, 2023. This is shorter than the India EB-2 backlog, which is 12+ years.
I-140 adjudication takes 15 business days with premium processing at $2,965 or 4.5 to 22.5 months without. After I-140 approval, the India EB-1A priority date wait is approximately 3 years. I-485 adjustment of status then takes 11 to 31.5 months. Total timeline from I-140 filing to green card receipt runs approximately 4 to 6 years for Indian applicants.
Yes, for most professionals whose evidence base supports both categories. Filing simultaneously preserves priority dates in both categories at the same filing date. EB-1A provides the shorter India backlog of approximately 3 years. EB-2 NIW provides a fallback priority date at the same filing date if EB-1A is not ultimately successful. The concurrent strategy is the most effective available approach for Indian professionals who qualify for both pathways.
Yes. The I-140 petition can be filed regardless of where the applicant is physically located. Applicants in India at the time of filing proceed to consular processing once the priority date is current. Applicants already in the United States on H-1B, O-1, or L-1 status file I-485 adjustment of status once the priority date is current.
Yes. An approved I-140 that has been outstanding for 365 days or more enables H-1B extensions beyond the standard six-year maximum under INA Section 104(c). This benefit applies regardless of whether the priority date has become current, making early I-140 filing particularly valuable for Indian H-1B holders facing a 3-year priority date wait.
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