I am on L1A and have an approved EB1(c) petition. Business is a bit slow in the U.S. right now, so I am planning on working in India for a while and returning to the U.S. when my priority date is current so I can file my I-485. Is that permissible?


There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.

Note, however, that the “ability to pay” requirement that had to be overcome to get the I-140 approved continues through the issuance of the green card. The USCIS is far less likely to look at the issue of ability to pay after the I-140 has already been approved. But, if the issue is raised, one way a petitioner may evidence ability to pay is by showing it has actually been paying the offered salary since the date the case was initially filed. (08.May.2024)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.



Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.