EB1A - NEED URGENT ADVICE

Harv Singh

New Member
Hey everyone,

I've always just been kind of a lurker but I guess I thought it was time to get some advice or hear from anyone who's gone through a similar situation.

A bit of context: My family and I moved from India to the U.S. in 2021 and lived there until 2024. My dad is the primary applicant under EB1A and my mom and I are dependents. My dad is a coach at the very top of his profession, he's coached multiple national teams, olympians and is well known in his field. In 2024, we ended up moving back to India somewhat abruptly because my dad got a really good job offer here. During 2021-2024, there was a short window when we could have gone through Adjustment of Status in the U.S. but because of the nature of his job (he travels constantly), it wasn't possible. Our attorney had told us that for AOS he would have needed to stay in the U.S. for at least 6-9 months which just wasn't realistic at the time.

Now, our priority date is March 3, 2022 (India, EB1A), and we're just waiting for it to become current. I personally age out in June 2026. We're about 17 days short on the Visa Bulletin right now. Given the way EB1 India has been moving (and with all the talk about possible retrogression) what are the chances that our date becomes current before June 2026?

1. Since my dad doesn't currently have a U.S. address or employer, how much of a problem could this be? I've heard that EB1A doesn't technically require a job offer but still what are the odds of the visa being approved at the consular interview in this situation?

2. Once becomes current what exactly happens? (medical exam, interview?) I'd love if someone could outline the timeline.

3. From the moment the priority date is current, realistically how long would it take for us to actually have our green cards in hand and be in the U.S.?

Not gonna lie, this whole wait is stressful and it feels like endless pressure. The process is so lengthy and taxing, and even though I don't talk about it much, it takes a toll on me mentally. So sometimes just hearing your guy's stories and experiences helps! :)
 
1. I’m 20 years old currently and will turn 21 in March 2026. My attorney told me that my application was pending for 106 days, so that gets added on to my date of birth. He told me that I’ll age out in June 2026.

2. I’m not sure about that. Aren’t they supposed to know about that by this point? I would hope my attorney has already informed them.
 
1. I’m 20 years old currently and will turn 21 in March 2026. My attorney told me that my application was pending for 106 days, so that gets added on to my date of birth. He told me that I’ll age out in June 2026.

2. I’m not sure about that. Aren’t they supposed to know about that by this point? I would hope my attorney has already informed them.
1. Ok, so it sounds like that he has taken that into account. Note that you don’t need your interview by then - what you need is your priority date to be current by then.

2. That’s something you need to confirm with him. What should happen if they know you are doing CP, is that some time ahead of when your priority date is expected to get current (about a year for family based cases, I am not sure for EB ones but I assume similar) NVC sends you details regarding what you need to do ahead of being called for an interview - pay fees, and submit DS260, civil documents and other documents required for documentary qualification (DQ). Has this been done? Once you are DQ and your priority date is current, you’ll be sceduled for an interview. At this point the consulate will send you information about where you can get your medical done and any other country-specific requirements for the interview.

The consular processing process is explained quite well in this series of pages from DOS: https://travel.state.gov/content/tr...t-a-petition/step-2-begin-nvc-processing.html

3. (from original post), this depends on whether or not there is a backlog at your consulate. Sometimes you can get interviews the same month your priority date is current and others there is a wait. Once you have your interview, assuming no issues come up it should take 1-2 weeks to get back your passports with immigrant visas. When you enter the US on those immigrant visas, then you officially become green card holders.
 
I am not sure for EB ones but I assume similar)
To add to this: EB1 dates for filing in visa bulletin for India is 15 April 2022 and as your PD is earlier than that, NVC should have contacted you by now as you are able to file the documents mentioned in 2 above
 
To add to this: EB1 dates for filing in visa bulletin for India is 15 April 2022 and as your PD is earlier than that, NVC should have contacted you by now as you are able to file the documents mentioned in 2 above
I’m sorry I’m a little bit confused. Aren’t the dates for filing (DOF) only taken into account when you’re going through Adjustment of Status (AOS)? So in my case, I thought I should only be looking at Final Action Dates (FAD) as that’s what’s taken into account when you are going through consular processing. Please correct me if I’m wrong as you would definitely know more than me.
 
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I’m sorry I’m a little bit confused. Aren’t the dates for filing (DOF) only taken into account when you’re going through Adjustment of Status (AOS)? So in my case, I thought I should only be looking at Final Action Dates (FAD) as that’s what’s taken into account when you are going through consular processing. Please correct me if I’m wrong as you would definitely know more than me.
Dates for filing is also when NVC contacts you for further action - the below is directly from the visa bulletin, if you look at the text under “dates for filing” for EB:

Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

The reason they do this is so that everything is ready for the interview to proceed when your priority date becomes current, as it can take some months to collect documents and then a little time further to complete the NVC process. At present, the NVC is taking approximately 2 weeks to review documents after submission (see “Current case review time” on https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html ).

Final action dates is when your PD is current for interview/visa issuance.

If you haven’t heard from NVC yet I suggest you contact your lawyer if s/he has been the one left in charge of this. Be aware that sometimes lawyers in the US who specialize in areas like adjustment of status may not be aware of the required steps for consular processing.
 
If you haven’t heard from NVC yet I suggest you contact your lawyer if s/he has been the one left in charge of this. Be aware that sometimes lawyers in the US who specialize in areas like adjustment of status may not be aware of the required steps for consular processing.
Follow up question- if the petition was originally submitted with intent to AOS, has an I824 been filed to change it to CP? If so, has it been approved yet?
 
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