India EB-2 to EB-1A: Cut Years Off Your Green Card Wait

You went through PERM. Your employer sponsored the labor certification, filed the I-140, and you have an approved EB-2 petition sitting at some priority date between 2013 and 2023. That was progress — past tense. But employer-sponsored green cards come with a dependency problem: the process belongs to them, not you. Job change, layoff, better opportunity elsewhere — any of those scenarios means starting over or losing years of queue position.

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Most people don't realize there's a self-petitioned path that lets you keep your priority date and move to a faster queue. EB-1A extraordinary ability petitions are self-sponsored. You file them. You control the timeline. And if you already have an approved EB-2 I-140, you retain your original priority date when you file the EB-1A petition. Same place in line, different — much shorter — queue.

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The current spread: EB-1 India Dates for Filing (DFF) sits at December 1, 2023. EB-2 India DFF is at November 1, 2014. That's a nine-year gap. If your career has grown since your EB-2 was filed, that gap is strategic leverage.

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Fraserpllc has handled hundreds of successful EB-1A and EB-2 NIW petitions for researchers, engineers, physicians, and STEM professionals — profiles ranging from early-career to senior-level — who were told they weren't ready, didn't have enough citations, or had "missed their window." In most of those cases, the EB-1A path was available. The client just hadn't been shown it.

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The EB-1A Misconception: You Don't Need a Nobel Prize

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The single most damaging myth in EB-1A strategy is the citation-count threshold. People assume they need hundreds or thousands of citations to qualify. That's not how the regulation works.

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Under Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), EB-1A uses a two-step analysis. USCIS first asks whether you satisfy at least three of ten regulatory criteria: judging others' work, original contributions of major significance, authorship of scholarly articles, and several non-academic categories like high salary, critical role, or press coverage. Then they conduct a final merits determination looking at the totality of the record — not whether you hit an arbitrary citation number.

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For Indian-born nationals who've built their careers in H-1B status—often years of contributions to critical sectors, emerging technologies, and nationally important research—the work performed during that period is substantive evidence, not just employment history. USCIS evaluates the totality of your record, and sustained contributions during H-1B work count.

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We've seen approvals built on portfolios with fewer than fifty citations when the overall narrative of impact was strong. Record construction matters as much as raw output. If you've peer-reviewed papers, served on an editorial board, judged a competition, led a significant technical project, or command above-market compensation in your field, you may already meet the threshold. The question isn't whether you're a genius. It's whether your record, properly constructed, meets a legal standard.

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STEM professionals with peer-reviewed publications — even modest portfolios — should evaluate this path. Engineers or researchers who hold patents, have led projects with measurable impact, or earn in the top percentile for their field should evaluate this path. Anyone whose career has meaningfully advanced since their EB-2 I-140 was originally filed should evaluate this path.

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Nine years of queue difference means an EB-1A approval could move your green card timeline from "sometime in the 2030s" to "file I-485 this year." That's not a minor optimization. That's a decade of your life.

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Interfiling: How to Use an EB-1A Approval to Accelerate a Pending I-485

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If you already have a pending I-485 filed under EB-2, an approved EB-1A I-140 lets you interfile — transferring the basis of your adjustment application from EB-2 to EB-1A without filing a new I-485. Two requirements:

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• You must have an approved EB-1A I-140 (pending won't work)

• Your priority date must be current under the EB-1 India Final Action Date chart (currently March 1, 2023)

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The Dates for Filing chart does not apply to interfiling. Only the FAD chart controls. If your priority date is between the EB-1 FAD (March 1, 2023) and the EB-2 DFF (November 1, 2014), you're in the sweet spot: EB-1A approval means immediate interfiling eligibility.

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Our firm has worked with profiles across the spectrum — early-career researchers with focused publication records to senior professionals who didn't realize their patents, critical-role work, or above-market salary qualified. The threshold is often lower than the last person who reviewed your file told you.

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EB-3 to EB-1A: Even Larger Queue Difference

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EB-3 India priority date holders face an even longer wait than EB-2. March 2026 shows EB-3 India DFF at July 15, 2012 — an 11+ year gap compared to EB-1 India's December 1, 2023.

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The same priority date retention principle applies. If you have an approved EB-3 I-140 and your career has advanced significantly since filing — particularly if you've moved into roles requiring advanced degrees, published research, or demonstrated extraordinary ability — EB-1A may be available.

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Strategic consideration: Many EB-3 holders filed years ago in junior roles. If your career trajectory now includes peer-reviewed publications, patents, high-level project leadership, or above-market compensation, your current profile may support EB-1A even if your original EB-3 petition reflected entry-level qualifications.

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Why Act Now: Retrogression Is a Feature, Not a Bug

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The recent EB-2 India movement isn't organic growth. Earlier in FY2026, demand in several employment-based categories ran below State Department projections. That freed up visa numbers the DOS is now accelerating to prevent waste before the September 30 fiscal year close. This is a borrowed surge, not a new baseline.

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History: in August 2025, EB-2 retrogressed for Rest of World chargeability, erasing months of gains overnight. The same mechanism that drives surges drives corrections. Retrogression is structural. It will happen again.

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If you're in the current DFF window (September 16, 2013 – November 1, 2014), file your I-485 now. A filed application locks your place even if dates retrogress next month. If you're evaluating EB-1A, start now. Building a strong petition takes time, and EB-1 India dates won't wait.

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Cross-Chargeability: You May Already Be Current

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If you're Indian-born with an approved EB-2 I-140 and your spouse was born in a country other than India, China, Mexico, or the Philippines, you may not need to wait for EB-2 India dates at all.

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Under INA §202(b), cross-chargeability allows the principal applicant to use their spouse's country of birth for visa allocation purposes. The numbers:

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• EB-2 India DFF (March 2026): November 1, 2014
• EB-2 Worldwide DFF (March 2026): Current

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An Indian-born professional with a February 2018 priority date — normally years from EB-2 India filing eligibility — could file an I-485 today if married to a spouse born in a Worldwide country like the UK, Germany, South Korea, Brazil, or Nigeria.

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Requirements:

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• Both spouses must file I-485 together (you cannot claim cross-chargeability without the derivative spouse included)
• You are the principal applicant; your spouse is the derivative
• Your spouse's country of birth must qualify as Worldwide (no independent per-country backlog)
• You must be legally married at the time of filing

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Physical presence in the U.S. is not required for the derivative spouse. A separate petition is not required. But the filing package requires careful preparation. If your spouse was born outside the backlogged countries, this conversation should happen before your next visa bulletin check, not after it.

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The Numbers: EB-2 and EB-1 India at a Glance

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The March 2026 Visa Bulletin:

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• EB-2 India DFF: November 1, 2014 (21-month advance over six months)
• EB-2 India FAD: September 15, 2013 (8-month gain in the same period)
• EB-1 India DFF: December 1, 2023
• EB-1 India FAD: March 1, 2023 (11-month jump in January 2026 alone)

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The 9-year gap between EB-1 and EB-2 India DFF dates is the single most actionable data point for anyone with an approved EB-2 I-140.

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Where You Stand: Four Scenarios

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Priority date on or before September 15, 2013: You're at the front of the line. If you have a pending I-485, adjudication may be imminent. If you don't, contact an attorney immediately — you've cleared both FAD and DFF thresholds. Schedule a review →

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September 16, 2013 – November 1, 2014: File your I-485 now. USCIS has confirmed the DFF chart applies for March 2026. Filing locks your position, activates EAD and Advance Parole eligibility, and starts the AC21 portability clock (job flexibility after 180 days). It also insures you against retrogression. Simultaneously, evaluate EB-1A — if approved, interfiling could accelerate your timeline further. Start your evaluation →

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November 2, 2014 – December 1, 2023: EB-1A is your best move. Your EB-2 date isn't current, but you may be eligible under EB-1 India DFF. A successful EB-1A petition lets you file I-485 now — years ahead of your EB-2 timeline. This is precisely where the strategy delivers the most value. Get an EB-1A assessment →

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After December 1, 2023: Neither category is currently available on your priority date. But the most productive step today is evaluating whether an EB-1A petition — carrying your existing priority date into a faster queue — will reach adjudication before EB-2 India dates catch up. Given a 9-year gap, it usually does.

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What to Do Next

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If you have an approved EB-2 I-140 from India, the most important question you can ask this week isn't "when will the Visa Bulletin move?" It's "does my profile support an EB-1A petition?"

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The difference between EB-2 and EB-1 for Indian-born nationals isn't incremental. It's potentially a decade of your life. The evaluation isn't abot whether you're extraordinary in some abstract sense. It's about whether your record, properly constructed, meets the Kazarian totality standard. Fraserpllc has built hundreds of successful EB-1A and EB-2 NIW petitions across the full profile spectrum. The threshold is often lower than you think.

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Three steps:

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• Gather your materials: CV, publications list, citation counts, any awards or reviewing roles, and your I-140 approval notice with priority date.
• Request an EB-1A evaluation: We will assess whether your profile supports a petition under the Kazarian standard, not an arbitrary citation threshold.
• Get a strategy: Whether it's EB-1A, cross-chargeability, interfiling, or filing under the current DFF window, the right path depends on your dates and profile.

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Schedule your EB-1A evaluation → fraserpllc.com/evaluation

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Fraser Immigration Law PLLC focuses exclusively on employment-based immigration. For current Visa Bulletin information, consult the Department of State Visa Bulletin and USCIS's monthly filing guidance at uscis.gov. Priority date movement and chart applicability can change monthly. Nothing in this article constitutes legal advice; consult a qualified immigration attorney before filing.

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