NIW: I 765 with I 140?

A

abhush

New Member
Hi,

There seems to be some confusion regarding this. I am planning to apply for my GC through NIW.

1. Can I file for I-765 along with I140 or have I-765s been retrogressed also.
Does my I140 have to be approved to apply for I765?

2. Where can I find out the visa numbers date for NIW category?

I would appreciate any help.

Thanks.
 
765/ead

A 765/EAD application is based on a pending 485 application, it has nothing to do with a NIW/140 petition. If you cannot file 485 due to retrogression then you also likewise cannot file a 765/EAD application. Hope that clears it up for you.
 
485 adjudication

485 adjudication can only happen when the priority date is current for that application. The times you are referring to is the times that service center is currently taking to process such applications, they cannot process it in the absence of your priority date being current. You have to check the monthly visa bulletin posted at any of the popular immigration websites to check on the priority dates. Currently Indian and Chinese applicants are very badly retrogressed.
 
abhush said:
Hi,

There seems to be some confusion regarding this. I am planning to apply for my GC through NIW.

1. Can I file for I-765 along with I140 or have I-765s been retrogressed also.
Does my I140 have to be approved to apply for I765?

2. Where can I find out the visa numbers date for NIW category?

I would appreciate any help.

Thanks.
Click to expand...
NIW falls under EB2 by my understanding, but please check it out. The I140/I485 petition is dependent on your or your spouse's country of birth and the current status on numbers per the Visa Bulletin issued by the Department of State. If you are from India or China, you may need to wait for a short or long time depending on many factors! Best of Luck!!
 
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