how to file NIW after filing of EB1b OR/I485?

B

bostonhere

Registered Users (C)
Hey everyone, I have a question:

I have filed EB1b OR with I485 a year ago. I want to file NIW I140 now by myself, I wonder anyone know how to do it? how to make sure my I485 will go with my EB1B OR and wont be messed up by this new filing?

I appreciate your advice. Thanks!
 
I assume you are applying through NIW by yourself due to an employment issue with your EB1-OR employer (petitioner).

In this case it would make more sense to tie up your pending I485 to both I140 petitions (old OR and new NIW). Do not withdraw your OR petition - it still can be approved without any RFEs. If there is an employment related RFE for your OR petition (quite rare occurance), then you can withdraw your OR petition and still will have your NIW petition pending that will prevent your I485 from being denied along with OR.
You just need to modify your pending I485 so that it reflects that it is filed based on both I140 petitions - OR and NIW.

EB12-OR-VSC
ND: 04-02-2003
 
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