Dual application EA and NIW

[drrezajunk]

I filed application for I-140 and I-485 through NIW
I filed application for I-140 only through EA
If my NIW denied and EA get approved can I use that NIW I-485 for EA I-140?
If not what should I do?

Thanks

 

[aeka]

If I-140 denied, I-485 attached to it is denied and can not be transfered to any I-140.
You can transfer I-485 if it's current I-140 is active.
In your case if EA approved, there is no need to wait for NIW approval, you can just transfer you I-485 from pending I-140 to the approved one.

 

[teil]

Could anyone please provide some information on how to do this transfer? Is it complex, so I should always go for a lawyer, or it's something simple like filing a 485 that I can DIY ?

Don't have this problem now, but not sure in the future. Thanks