EB2-NIW and EB1B together

S

spyglass

Registered Users (C)
I have applied for I-140 (EB1B) + I-485 concurrently in July 2007 at NSC, and currently both of them are pending. I would now like to change job. I am kind of sure that my current employer won't revoke the I-140 petition but I am not sure whether they are going to respond to RFE. Given my current situation, can I apply for EB2-NIW or a EB1A as a back-up, incase my I-140 gets denied? Please advise!

Thanks!
 
You can always apply for EB2-NIW or EB1A. There is no problem with filing more than one petition with USCIS.
 
Thanks for your reply jk02074! But can you link your new EB2-NIW with your pending I-485 (which you filed concurrently with your EB1B)?
 
That is a good question and one to which I have not gotten a convincing answer. You might be able to. The problem with doing so is that you must send unsolicited mail to USCIS requesting them to do so (i.e. mail that is neither an application nor a response to a RFE), and these can frequently get lost. There is also the argument that if you filed I-485, it must be based on an approved or pending (concurrent) I-140, not a future I-140. So basically I don't know the answer to that. There is a lot of discussion on this forum about linking future I-140 petitions to already-filed I-485 (here and in the general forum, so you can try there too).
 
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