EB1 application in Nebraska can I do EB2 while I140 is pending

A

adam99

Registered Users (C)
I have an EB1 application in Nebraska pending I -140 since May, 2006. I filed concurrent 485, finger print, EAD done.

I hear that NSC is issuing RFEs to everybody who do premium processing now, and my lawyer is also suggesting that I should not do premium , since so many people are having problem with NSC. His advise is to wait and see.

My question is; is it possible to apply for another I140 application with another 485 but now in EB2 category (all my friends who applied EB2 in my company after me, have their 140s approved by now), while my I140 is pending? This way even I get a denied for my 140 application, my EB2 could go forward and I do not loose much time.

Let me know what you think.

Thanks
 
Yes, there is no problem with filing multiple petitions. You can definitely file a new I-140.

However, once you get a receipt notice, you should mail a copy to the USCIS and ask them to link it with your pending I-485 (provide case # for that, obviously). That way your I-485 will be linked to two petitions.
 
What happens if my 140 with EB1 application is rejected after I140 for EB2 application and linking of second 140 with the initial 485 is done, do I have to refile for 485?

Thanks
 
The point of "linking" (my term, not an official USCIS word) is to make sure that if one petition is denied, the I-485 remains pending due to the presence of another filed I-140. I do know for a fact that lawyers submit 2+ petitions to USCIS, and once they receive the receipts, attach all the receipts to one I-485 application so that the I-485 will be based on multiple petitions and will be adjudicated once one of the I-140s is approved. I don't know how often they submit a second receipt once the I-485 has already been filed, but if it's feasible, then you don't have to refile the I-485.
 
Thanks

I am talking with the company lawyer, but they are rejecting to file a EB2 140 on PERM, because of the business conditions of the company. I even offered to pay for it
 
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