EB-2 Approved but need some serious help

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blacknissan

Registered Users (C)
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 ?

5. Should i transfer my EB-1 to premium processing ? would that help ?

I am really confused and would appreciate any help

thanks
 
blacknissan said:
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)

Maybe I am wrong but it seems that you could submit I-485 right now based on approved I-140, get EAD, AP for yourself and spouse. Is UK a regtogressed country? If not, I guess this would be a good option.

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

Transfer I-485 to approved I-140 could be an option, not sure what is more complicated - transfer or just file new I-485.

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 ?

It seems the answer is no. If EAD came due to I-485 related to EB-1 and that I-140 is denied, than the related I-485 is also denied, so is the EAD.

5. Should i transfer my EB-1 to premium processing ? would that help ?

It is unclear if EB-1EA PP is good right now, seems like many RFEs were issued recently.

I am really confused and would appreciate any help

thanks
Click to expand...
 
thanks, Is my EB-1 approved too ...

When I look on the UCIS system this is what is says

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Approval notice sent.

On October 20, 2006, we mailed you a notice that we have approved this OS155A IMMIGRANT VISA AND ALIEN REGISTRATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


Does this mean my EB-1 green card is approved. I already have recieved approval for EB-2

Appreciate your help

thanks
nissan
 
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