EB-1 or Approved EB-2 with AOS need help

[blacknissan]

Dear All

I have been a silent participant of this forum and thanks to everyone as this has helped me a lot. now I am in confusion

I concurrently filed NIW-EB-2 and EB-1 on October 10 2006 . I also applied for EB-1 AOS. This is all done with a lawyer at TSC

Unexpectedly NIW approved October 30 (20 days WOW)
EB-1 still pending

Here are my questions
1. What should I do regarding my AOS application. should I wait for EB-1 or should I transfer it to EB-2 and if I could transfer would that be a potential problem (I was born in the United Kingdom)

2. I need a AOS ASAP as my wife has to start a residency and she may have issue getting a visa herself.

3. Should I just wait for EB-1 otherwise and see what happens and if it gets approved in the next month or two I have time to wait for AOS otherwise than transfer AOS to EB-2 if I get a RFE

4. With AOS we applied for EAD for my wife. IF we get the EAD for her and the EB-1 gets denied can she still use the EAD and have it valid until we get a green card on the EB-2 that is approved ?

I am really confused and would appreciate any help

thanks

 

[good_y]

Congrats!

Dear All


Here are my questions
1. What should I do regarding my AOS application. should I wait for EB-1 or should I transfer it to EB-2 and if I could transfer would that be a potential problem (I was born in the United Kingdom)

Transfer or interlinking is not that easy as you think. Many people having problem in interlinking the 485 to an approved 140. So if you can wait for some time or try the premium processing for EB1.

2. I need a AOS ASAP as my wife has to start a residency and she may have issue getting a visa herself.

Since you are from a non retro country, your AOS is current and if you are lucky -name check clearing etc, you may get the GC in few months. you can get EAD, EAD is based on your 485 application linked to EA, if your EB1 get denied, you may ask them to relink to your EB2.

3. Should I just wait for EB-1 otherwise and see what happens and if it gets approved in the next month or two I have time to wait for AOS otherwise than transfer AOS to EB-2 if I get a RFE.

best thing try PP, and get result in a week time.

4. With AOS we applied for EAD for my wife. IF we get the EAD for her and the EB-1 gets denied can she still use the EAD and have it valid until we get a green card on the EB-2 that is approved ?

Unless they relink your EB2 to the 485.

Generally, if 140 is denied, your 485 linked to that application will be invalid. Then you can request for the relinking to the approved 140.
I am not sure about the validity of your EAD during that period of time. May be some experts can suggest.


I am really confused and would appreciate any help

thanks