NIW and PERM

[baroda]

Hi,
I have 2 approved 140s based on NIW-physician and PERM. I am completing my 3 yr J-1 waiver and as per Aug 08 bulletin PD for PERM will be current. I have only completed 3 out of 5 yr on NIW-- can I file I-485 based on PERM since PD will be current or will the USCIS have issues since I have not completed 5 yr on NIW.

PD for NIW-09/05
PD for PERM 12/05

 

[m_img]

Hi,
I have 2 approved 140s based on NIW-physician and PERM. I am completing my 3 yr J-1 waiver and as per Aug 08 bulletin PD for PERM will be current. I have only completed 3 out of 5 yr on NIW-- can I file I-485 based on PERM since PD will be current or will the USCIS have issues since I have not completed 5 yr on NIW.

PD for NIW-09/05
PD for PERM 12/05

You can apply for 485 based on Perm next day you have 3 years of waiver done.

 

[posmd]

You can file the new 485. However the question is....... Should you?
Multiple 485s have caused confusion in the past and the USCIS has in the past asked you to withdraw one.
Another consideration is to file CP on the basis of your PERM based 140, and just leave it up to fate to decide which comes first, your NIW time period or your CP interview.