EB2 NIW from July 2004... Worth applying for EB1-OR?

sisukapalli

Registered Users (C)
I posted this one as part of a thread in the "August 2006 Visa Bulletin", and didn't receive any responses... So, I thought that I'd ask the question in a new thread.

I have an EB2-NIW approved in June 2005 (applied in July 2004). The I-485 has been pending from July 2004. We have the EADs, the Advance Paroles, etc., so we feel fortunate that we didn't hit retrogression before we filed for I-485. However, the uncertainty due to retrogression has been a bit painful. So, I was wondering if it makes sense to apply for EB1-OR now.

If the EB1-OR gets approved (I think there will be a good chance), can I just attach the new approved petition to the pending I-485? Would there be any issues in transferring the EB2-NIW's priority date to the EB1-OR? Is it worth the time and effort (approx 2 months to prepare the I-140, and the wait time for the approval... plus whatever time it takes to update the I-485).

Does anyone have suggestions regarding whether it is worth it and the amount of time it may take?

S
 
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