Learn the key differences between filing EB-1 visa from inside vs outside the US. Compare adjustment of status and consular processing for costs, timing, and benefits in 2025.
You worked hard to qualify for the EB-1 visa. You gathered evidence. You built your case. Now comes a big question.Where should you file?Your location matters. A lot.People already in the US can file for adjustment of status using Form I-485, while those abroad must go through consular processing USCISBoundless. These paths look different. They cost different amounts. They take different times.This choice affects your timeline, your wallet, and your flexibility during the wait. Let's break down what each option means for you.Need help deciding which filing path suits your situation? Book a consultation with Beyond Border and we'll analyze your specific circumstances to recommend the best approach.
Adjustment of status lets you apply for permanent residence while staying in the United States by filing Form I-485 USCIS. Think of it as changing your immigration status without leaving the country.This works if you entered the US legally and maintain valid immigration status. Maybe you hold an H-1B visa. Or perhaps you came on an L-1. As long as you were inspected and admitted or paroled when you entered Boundless, you can likely adjust status.
After USCIS approves your I-140 petition, you file Form I-485 to register for permanent residence or adjust your status EB5 BRICSUSCIS. You submit this application to USCIS along with supporting documents.The process happens entirely within US borders. No embassy visits required. No international travel needed.USCIS reports that 80 percent of I-485 cases are processed within 10 months of Immi-USA. Your actual timeline depends on which service center handles your case and whether any requests for evidence come up.
Filing from inside gives you major advantages.You can apply for an Employment Authorization Document and advance parole travel document while your I-485 is pending BoundlessHooYous. These documents typically arrive within three to six months of filing CitizenPath.Work authorization means freedom. You can change employers after your I-485 sits pending for 180 days. You can start your own business. You can take that dream job without worrying about visa transfers.Advance parole lets you travel internationally and return to the US while your application processes H1b1U.S. Customs and Border Protection. Family emergencies happen. Business opportunities arise. This document gives you flexibility.Your family stays together too. Everyone lives under one roof in America while waiting for approval.
Here's where things get interesting.When your priority date is current, you can file I-140 and I-485 at the same time through concurrent filing Immi-USA. Both forms process simultaneously instead of waiting for I-140 approval first.For most countries except India and China, EB-1 visas remain current Cfuis, making concurrent filing possible. This cuts months off your total wait time.Check the monthly Visa Bulletin to see if your priority date qualifies.
Living abroad when your I-140 gets approved? You'll go through consular processing at a US embassy or consulate in your home country WeGreenedEB5 BRICS.This path works differently than adjustment of status.
After I-140 approval, your case moves to the National Visa Center which coordinates with the US Department of State WeGreened. The NVC collects documents and schedules your interview.You complete Form DS-260, the immigrant visa electronic application, and pay a $345 filing fee USAFISImmi-USA. Each family member needs their own DS-260.Embassy interviews typically happen within 6 to 12 months after I-140 approval Cfuis. Actual timing depends on the specific embassy's workload and appointment availability.You attend a one on one interview with a consular officer. They ask questions about your petition and background. After a successful interview, they issue an immigrant visa allowing you to travel to the US and receive your green card after entering Immi-USA.
The Trade offs
You can't work in the US until you actually enter as a permanent resident. No work permit during processing.Those undergoing consular processing cannot live or work in the US until they receive approval of the Deel. You wait abroad, sometimes for many months.Travel flexibility is limited. You stay in your home country awaiting the interview appointment.If the consular officer denies your case, you have almost no recourse or appeal options to Usvisahelp. A senior officer might review, but denials are usually final. You'd need to start over with a new petition.Family members must travel to the embassy too. Coordinating schedules across multiple people can be tricky.
Speed matters when you're planning your life.Overall, many EB-1 applicants complete the entire process in 12 to 24 months US Immigration Blog from start to finish. But the breakdown differs.
Form I-485 adds about 10 months to your processing time when filed separately, though concurrent filing processes both I-140 and I-485 simultaneously Immi-USAAshoori Law.Biometrics appointments get scheduled within 2 to 4 weeks of filing Cfuis. You visit a USCIS application support center for fingerprints and photos.With premium processing for I-140 and adjustment of status, total time often runs 10 to 18 months including the 15 day I-140 review and 8 to 14 months for I-485 Jumpstart immigration.Wait times vary by USCIS field office. Some offices move faster than others.
If you hold valid H-1, H-4, K-3, K-4, L-1, L-2, V-2, or V-3 status, you can travel without advance parole provided you maintain that status CitizenPath.H-1B and L-1 holders can continue using their valid visas for travel even with a pending I-485, unlike other applicants who must obtain advance parole HooYousUsvisahelp.This gives H-1B and L-1 workers extra security. Your backup visa still works.
As of 2025, India faces a February 15 2022 cutoff date and China has a November 15 2022 cutoff for EB-1 Cfuis.These backlogs mean waiting even after I-140 approval. You can't file I-485 or complete consular processing until your priority date becomes current.For Indian applicants under EB-1C, wait times range from 24 to 48 months in 2025 Beyondborderglobal. The backlog hits hard.Check the monthly Visa Bulletin religiously. Priority dates can jump forward or backward unpredictably.Facing priority date delays? Beyond Border can help you explore alternative strategies and keep your case ready when dates move forward.
Life changes. Maybe you planned consular processing but got a US job offer. Or perhaps you filed I-485 but need to return home.Switching from consular processing to adjustment of status or vice versa is possible but comes with complications CitizenPath.
You can simply file I-485 if you're physically present in the US with proof that your I-526 petition or I-140 was approved EB5Investors. USCIS will request your file from the National Visa Center.You do not need Form I-824 when switching from consular processing to adjustment EB5Investors. Just file the I-485 with your approval notice.Contact the NVC to stop consular processing. Let them know you're adjusting status instead.The transfer takes time but avoids major delays.
If you filed I-485 but want consular processing, withdraw your application from USCIS through a written request CitizenPath.Then file Form I-824 to request USCIS notify the embassy and send your file there CitizenPath. This transfer can add 5 to 10 months to your timeline WeGreened.
Work with your attorney. Improper withdrawal can be seen as abandonment.
Officials may reject one or both applications if you try filing for adjustment and consular processing simultaneously Deel. Don't do both at once.Choose carefully upfront. Switching adds costs and delays. Sometimes it's necessary but avoid it when possible.
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