amazing news-EB1OR approved!

reddoc

Registered Users (C)
I hope this is not spam E-MAIL
Just received a E-mail about approval of I-140 petition for EB1-OR from NSC.
Its amazing because i just filed it. I was preparing for semiconcurrent I-485.
My RD is just 23 JAN 2006.
following is my OR criteria!
Assistant prof at Univ, Health related research, 5 years experience which include as postdoc and Research instructor, 32 papers (all in international journals), 25 conference presentations, reviewer board for ard 12 journals, 18 letters , 5-6 national/international awards, and ard 100 citations for my work.
I was reader of this forum and collected information over last one year!! Special thanks to eb1doc for his postings..they guided me a lot in preparing my petition!!!
 
reddoc said:
I hope this is not spam E-MAIL
Just received a E-mail about approval of I-140 petition for EB1-OR from NSC.
Its amazing because i just filed it. I was preparing for semiconcurrent I-485.
My RD is just 23 JAN 2006.
following is my OR criteria!
Assistant prof at Univ, Health related research, 5 years experience which include as postdoc and Research instructor, 32 papers (all in international journals), 25 conference presentations, reviewer board for ard 12 journals, 18 letters , 5-6 national/international awards, and ard 100 citations for my work.
I was reader of this forum and collected information over last one year!! Special thanks to eb1doc for his postings..they guided me a lot in preparing my petition!!!
Congratulations!
NSC is one unpredicted center!
But hey who is complaining if its fro good!
 
Congratulations!

Congratulations! I have a question to ask, My form I-140 (EB1OR) was approved too, But I don't know if I still need to apply for my Labor Certificate for security? Do you know I-485 will be denied after approval I-140? any suggestions are highly appreciated.
 
honestkhan said:
Congratulations! I have a question to ask, My form I-140 (EB1OR) was approved too, But I don't know if I still need to apply for my Labor Certificate for security? Do you know I-485 will be denied after approval I-140? any suggestions are highly appreciated.

question appear to lack complete information.
As I understand you want to file labor based I-140 as backupplan.
I beleive its not needed....
After approval, I-485 is independent on I-140 petition.If ever it gets denied it will be independent reason.In any case at one point u can file ony one I-485
 
Well, when i called USCIS for possible transfer pending I-485 to another approved I-140, i was informed by the officer NO. But i was also instructed by the officer to just go ahead and file another I-485 that will go with the approved I-140.
My attorney also said multiple I-485 is legitimate.
 
Newhope2005 said:
Well, when i called USCIS for possible transfer pending I-485 to another approved I-140, i was informed by the officer NO. But i was also instructed by the officer to just go ahead and file another I-485 that will go with the approved I-140.
My attorney also said multiple I-485 is legitimate.
Did your attorney said so!
I think he is wrong!
You can file multiple I-140 but not multiple I-485.
You may want to recheck that information....if otherwise please share that with us!!
On the other hand interfilling is allowed.
 
I filed my I-485 jointly with my eb1-or. But when I was applying for my labor based I-140, my attorney requested VSC to link my I-485 to the new I-140 (knowing that this case was more certain than OR). I guess, they did. My attorney said, VSC always respects such request.
 
eb1doc said:
question appear to lack complete information.
As I understand you want to file labor based I-140 as backupplan.
I beleive its not needed....
After approval, I-485 is independent on I-140 petition.If ever it gets denied it will be independent reason.In any case at one point u can file ony one I-485

Thanks, eb1doc. Thanks for you information and advise. You are right, I want to file labor I-140 as backup plan, since I am almost ready to submit the application of labor certificate.

After I read the cases of Newhope2005 and eb1 VSC, I still haven't made up my mind yet. Relink I-485...? interlink I-485...? double I-140 credits...? I don't know if I can get more instructions from my lawyer, but I will try and get back to you for your reference. Thanks again.
 
eb1doc said:
Did your attorney said so!
I think he is wrong!

Well, she has already helped a number of her clients to do so without any problem as i was told.


You can file multiple I-140 but not multiple I-485.

That was what i thought originally, but in reality it's been done and proved to be ok.

You may want to recheck that information....if otherwise please share that with us!!
On the other hand interfilling is allowed.

This is what i believe. And in fact, a search on this forum showed that some cases they sucessfully relinked approved I-140 to another I-485 which was concurently filed with another I-140 that was eventually denied.
However, the officer i talked to over the phone apparently told me firmly this is not doable, instructed by her supervisor.
I guess it really depends on service center. And i believe from all the evidences that transfer of I-485 is doable. Some people did it over the phone, but not me. Most of time, written request to the service center where the I-485 was filed should take care of it.
What is needed:
1) cover letter of request of replace I-140 to I-485.
2) attachment of pearson memo, optional, but not required.
3) copy of approved I-140 notice and receipt of I-485

I will do so in the next a few days instead of filing another I-485.
 
I myself filed I-485 twice with two different I-140s. The first I-140 (EB-1EA) got denied and then I filed I-140 (NIW) along with my second I-485.

I had a post in this forum seeking clarification to check whether my earlier I-485 (that got denied) can be linked to my approved I-140 (NIW), so that I can keep PD of 2003. I was told by a member of this forum that PD starts ONLY when I-140 got approved.

I did not face any problem in filing two I-485s.

Thanks




Newhope2005 said:
This is what i believe. And in fact, a search on this forum showed that some cases they sucessfully relinked approved I-140 to another I-485 which was concurently filed with another I-140 that was eventually denied.
However, the officer i talked to over the phone apparently told me firmly this is not doable, instructed by her supervisor.
I guess it really depends on service center. And i believe from all the evidences that transfer of I-485 is doable. Some people did it over the phone, but not me. Most of time, written request to the service center where the I-485 was filed should take care of it.
What is needed:
1) cover letter of request of replace I-140 to I-485.
2) attachment of pearson memo, optional, but not required.
3) copy of approved I-140 notice and receipt of I-485

I will do so in the next a few days instead of filing another I-485.
 
JANHK said:
I myself filed I-485 twice with two different I-140s. The first I-140 (EB-1EA) got denied and then I filed I-140 (NIW) along with my second I-485.

I had a post in this forum seeking clarification to check whether my earlier I-485 (that got denied) can be linked to my approved I-140 (NIW), so that I can keep PD of 2003. I was told by a member of this forum that PD starts ONLY when I-140 got approved.

I did not face any problem in filing two I-485s.

Thanks
You filed Two I-485 but at different times...i mean after first rejection you filed second one ...right .......not two simultaneously. What i was having a idea that you cannot file two I-485 at one time.............AND I gues sits not rue that PD starts after I-140 approval...when people file I-140/I-485 concurrently their PD is date when they filed I-485 not date of I-140 approval......
 
eb1doc,
you are right.

You can file two 485 petitions, but then CIS will send a RFE back considerring the extra 485 asking which 140 approval you want to follow, and indicate very clearly that only one 485 can be processed and approved. This is a real story.
 
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