Am I correct or my attorney is correct?

[LikeGolfing]

EB2 LC recently done (after more than two years) but I-140/I485 hasn't started.

EB1 I-485 was filed around August 2002 and my EB1 I-140 was approved in January 2003.

Company attorney strongly discourages me on filing EB2 despite the recently EB2 pilot program. The attorney's argument is: USCIS will want to join the cases and this means delay for both cases - he believes my EB1 is coming soon.

I thought EB1 and EB2 are processed independently at USCIS. Even if they join the cases, I don't see much negative impact on either case. At least this will bring my dormant EB1 case to their attention.

Am I correct or my attorney is correct? Your comment would be gratefully appreciated. Experts please help, I have to make decision soon.

J. W.

 

[talkative]

I would agree with your attorney. My guess is it's more likely you'll delay both your cases than qualify for pilot program. As I understand, they will join your case and having two cases will confuse the stupid adjudicator. You'll then run the risk of case being transferred for interview.

 

[LikeGolfing]

Thank you Talkative