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After the I-526 approval, how can I change from consular processing to adjustment of status to get my conditional green card?

My I-526 was approved several months ago and I have scheduled an interview at the U.S. consulate in my home country to get my EB-5 visa. However, recently my company has decided to transfer me to our U.S. branch and apply for an L-1 visa for me. I need to start working in the U.S. before the scheduled EB-5 visa interview. Can I switch to proceed with my EB-5 case with an I-485 application? How should I notify the National Visa Center to transfer my case to USCIS?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can just file the adjustment if in the U.S. on an L-1 and the file will automatically be transferred.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, if in the U.S. legally on the L-1A, you can immediately file to adjust status and then notify NVC that you are adjusting status.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can cancel the consular interview and seek to adjust in the U.S. You should notify the National Visa Center through your attorney right away.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Yes, you can file the I-485 upon entry to the U.S., but do not forget to cancel your interview with the U.S. consulate in your home country.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    If it is still at NVC, you can notify them you wish to seek adjustment.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    Yes, if in valid L-1 status in the U.S and a visa number is available, you can file for adjustment of status in the U.S on Form I-485.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you can. Once you enter the U.S. file for the adjustment of status. You can notify the National Visa Center of your changed venue and circumstance.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    As soon as you are in the U.S., file for your adjustment, I-485, based on the I-526 approval and inform the NVC.

  • Avatar

    Robert West

    Immigration Attorney
    Answered on

    You have to file a form and pay a fee to do so.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    You don't need to transfer the case via NVC. Simply delay your interview at the consulate. Once you enter with an L, wait an appropriate amount of time before filing for adjustment. Then cancel the interview at the consulate.

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