My EB1C priority date became current a few years ago, but I did not file my Form I-485 at that time. I later entered the U.S. in L1A status and planned to apply for adjustment of status with my family. Is there any issue with applying for a green card after waiting a few years after my priority date became current?

The EB‑1C employment‑based green‑card process does not impose a strict time limit for filing the Form I‑485 adjustment‑of‑status application after a priority date becomes current, provided the underlying employment offer that supported the approved Form I‑140 remains valid.

• No statutory filing deadline – Immigration law does not require an applicant to submit the I‑485 immediately once the priority date is current. The filing can be delayed for years if the job offer that formed the basis of the approved I‑140 is still in effect.
• Continuing qualifying employment – The key condition is that the “qualifying job offer” described in the I‑140 petition must still exist. If the applicant changes employers, loses the position, or the job no longer meets EB‑1C criteria, the I‑485 filing could be denied.
• Family members – Spouses and children may also file I‑485 as dependents, subject to the same requirement that the principal’s qualifying employment remains valid.

Senior attorneys at Murthy Law Firm confirm that, absent a change in the underlying job offer, there is typically no specific deadline to submit the adjustment‑of‑status application after the priority date becomes current.

For further information, see Murthy Law Firm’s FAQs and free online services:

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Source article: www.murthy.com