NIW and PERM 485

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reji123

New Member
Hi, I am currently fulfilling my 3 year J1 waiver requirement. I have completed 2 years.
I have an approved PERM I-140 -Dec 2005.
I would like to file for NIW now due to current numbers.
Can you please help with these questions
1. Will filing my NIW- I 140/485 now and using the AP make me committed to the 5 yrs
2. Upon completion of 3 years can I use my PERM approved I 140 and adjust my 485 based on that. My 3 yr commitment would be over in 2008.
3. If I apply NIW 485 now can I withdraw my NIW 485 and apply for PERM 485if the visa numbers are curent upon completion of my waiver in 2008.
I am planning to file at VSC - Vermont. Please post your experiences.
Thanks a lot.
 
Hi,

I may not have the answer to your question but is it possible if i can ask you a question for my case as it seems you have already started the procedure.

I am also doing my waiver & have yet to apply for ?PERM I-140 etc(Can you please tell me what it is?)..

Infact should i start with PERM I-140 too...I have no dependents ....& I am doing my waiver since last December 2006.

Thanks..and I hope someone answer your question too.
 
Last edited by a moderator:
reji123 said:
Hi, I am currently fulfilling my 3 year J1 waiver requirement. I have completed 2 years.
I have an approved PERM I-140 -Dec 2005.
I would like to file for NIW now due to current numbers.
Can you please help with these questions
1. Will filing my NIW- I 140/485 now and using the AP make me committed to the 5 yrs
Yes and no .Yes if you plan to use niw for adjustment of status. No if you use perm 485
2. Upon completion of 3 years can I use my PERM approved I 140 and adjust my 485 based on that. My 3 yr commitment would be over in 2008.
YES.
3. If I apply NIW 485 now can I withdraw my NIW 485 and apply for PERM 485if the visa numbers are curent upon completion of my waiver in 2008.
POSSILE BUT I would recomend not filing NIW 485 at this time as it will not give you any benefit except ead/ap. It may complicate your adjustment of status after 3 year completion of waiver and you will end up delays .see my experience below. However, decision is yours.discuss with you legal consel.
I am planning to file at VSC - Vermont. Please post your experiences.
Thanks a lot.
Click to expand...

I Can tell you about my experience with perm and niw with VSC.I filled concurrent 485/140 based niw in 2005 due to fear of impending retrogression( which did not come until july 2007) In 2006 i also got perm 140 approved.
I completed my 3 year j1 requirement in 2006 and was very excited that my suffering is over.Based on my lawyer recomendation we requested a 485 transfer from NIW to perm. which is permissible under law and there is USCIS memo about it.VSC refused to do transfer. I ended up filing a second 485 which is now pending for 7 months with no updates. and now the visa numbers have exhaused for this 1 year.
It seems to me that i will end up doing 5 year NIW despite an approved perm 140 and visa numbers which were available up until now for EB2.who knows when i complete 5 years if there will be visa numbers still available
Discuss with your lawyer before you make any decision. This is only my personal experience and not a legal advice.
 
1. Will filing my NIW- I 140/485 now and using the AP make me committed to the 5 yrs :
NO
2. Upon completion of 3 years can I use my PERM approved I 140 and adjust my 485 based on that. My 3 yr commitment would be over in 2008.:
YES
3. If I apply NIW 485 now can I withdraw my NIW 485 and apply for PERM 485if the visa numbers are curent upon completion of my waiver in 2008:
YES
I can tell you what I have been told and had found on internet.You can file multiple 485s and these processes run parallel but keep this in mind that you don't need to withdraw NIW 485 to file labor based 485.One more thing from the current and past trends if dates are current for everybody then 485 processing takes 2-4 years so you may even then get GC faster with NIW as USCIS has plenty of time to complete this lengthy process and at end of five years even if you don't have a GC you are as good as any GC holder,can work anywhere with your EAD.
Good luck
 
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