Law Offices of Chris M. Ingram

U.S. Business Immigration Lawyers

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Accelerate Your EB-2 To EB-1 Part 2

Accelerate Your EB-2 To EB-1

Part:

Case 1: A British Engineer’s Path Without Retrogression

Emily Hargrove, a 35 year old mechanical engineer from the United Kingdom, came to the United States in 2015 on an F 1 visa to pursue a Master’s at MIT. She used pre-completion OPT for renewable energy internships and post-completion OPT with a 24 month STEM extension, gaining strong industry experience.

In 2020 she transitioned to H 1B status and continued advancing at her clean energy firm. By 2021, her employer sponsored her for EB 2. Her PERM was approved in six months, followed by an I 140 approval with a March 2021 priority date.

Because her charge-ability was rest of world, the Visa Bulletin showed EB 2 current. She immediately filed her I 485 with her spouse and child. USCIS processed the case in under a year, granting her family permanent residency by mid 2022.

Emily’s journey highlights how low demand countries avoid retrogression altogether. For her, EB 2 was efficient and straightforward, showing how system delays vary significantly by nationality.

Case 2: An Indian Software Developer Who Upgraded to EB 1A

Raj Patel, a 32 year old software developer from Mumbai, entered the country in 2016 for a Master’s in Computer Science at Stanford. After graduating, he completed 36 months of work authorization through OPT and STEM OPT. During that time he built expertise in machine learning and secured an H 1B in 2020.

In 2021 his employer filed EB 2 and received PERM and I 140 approvals. His priority date was June 2021. But EB 2 India was stalled near 2012 to 2013, creating a likely wait of 10 years or more. Raj extended H 1B under AC21 but felt restricted by the uncertainty.

After several attorneys dismissed his EB 1A potential, he contacted the Law Offices of Chris M. Ingram. Our team reviewed his full record, including patents, key publications, high salary, open source leadership and invitations to speak at professional events. We identified a strong extraordinary ability case.

We filed EB 1A in 2024. It was approved within months. Since EB 1 India’s final action date was February 15, 2022, and Raj’s EB 2 priority date of June 2021 was earlier, we successfully ported his date into EB 1. His I 485 moved forward immediately, and he received his green card in early 2025.

Raj now leads an AI focused startup with complete freedom of mobility and career direction.

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