NIW just approved now in confusion, need help

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blacknissan

Registered Users (C)
Dear All

I have been a silent participant of this forum and thanks to everyone as this has helped me a lot. now I am in confusion

I concurrently filed NIW-EB-2 and EB-1 on October 10 2006 . I also applied for EB-1 AOS. This is all done with a lawyer at TSC

Unexpectedly NIW approved October 30 (20 days WOW)
EB-1 still pending

Here are my questions
1. What should I do regarding my AOS application. should I wait for EB-1 or should I transfer it to EB-2 and if I could transfer would that be a potential problem (I was born in the United Kingdom)

2. I need a AOS ASAP as my wife has to start a residency and she may have issue getting a visa herself.

3. Should I just wait for EB-1 otherwise and see what happens and if it gets approved in the next month or two I have time to wait for AOS otherwise than transfer AOS to EB-2 if I get a RFE

4. With AOS we applied for EAD for my wife. IF we get the EAD for her and the EB-1 gets denied can she still use the EAD and have it valid until we get a green card on the EB-2 that is approved ?

5. Should i transfer my EB-1 to premium processing ? would that help ?

I am really confused and would appreciate any help

thanks
 
1. What should I do regarding my AOS application. should I wait for EB-1 or should I transfer it to EB-2 and if I could transfer would that be a potential problem (I was born in the United Kingdom)
Click to expand...

What type of NIW ? A 'physicians in underserved areas' NIW or a 'NYS-DOT vs. INS' NIW ?

2. I need a AOS ASAP as my wife has to start a residency and she may have issue getting a visa herself.
Click to expand...

Transferring I485s is a hassle. You could file a second packet of I485 applications (apparently entirely legal). Filing a second I485 might create utter confusion in USCIS, but you should be able to get EADs that way.

4. With AOS we applied for EAD for my wife. IF we get the EAD for her and the EB-1 gets denied can she still use the EAD and have it valid until we get a green card on the EB-2 that is approved ?
Click to expand...

If the underlying petition gets denied, the appended I485 gets denied and as a result the EAD as well (I don't know whether you are legally allowed to work for the balance of the validity in that situation)

5. Should i transfer my EB-1 to premium processing ? would that help ?
Click to expand...

Is there ar premium processing for immigrant petitions these days. I am just familiar with H1bs in premium processing.
 
need some more help

When I look on the UCIS system this is what is says

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Approval notice sent.

On October 20, 2006, we mailed you a notice that we have approved this OS155A IMMIGRANT VISA AND ALIEN REGISTRATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


Does this mean my EB-1 green card is approved. I already have recieved approval for EB-2

Appreciate your help

thanks
nissan
 
> My NIW is through Exceptional ability
> does that change anything

Yes, in the sense that it doesn't make a heck of a difference whether you get your GC through the EB1 or EB2 petition (unless you are from retrogression land). Both petitions pretty much allow you to continue to work in the area of your expertise without tying you to an employer.

If you had filed as a physician in underserved area, the EB-1 would have been soo much more desireable as the foundation for your green-card (the physicians NIW delays issuance of the green-card by 5 years).
 
Last edited by a moderator:
blacknissan said:
When I look on the UCIS system this is what is says

Application Type: OS155A, IMMIGRANT VISA AND ALIEN REGISTRATION

Current Status: Approval notice sent.

On October 20, 2006, we mailed you a notice that we have approved this OS155A IMMIGRANT VISA AND ALIEN REGISTRATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

Does this mean my EB-1 green card is approved. I already have recieved approval for EB-2
Click to expand...

I have given up TRYING to understand the cryptic messages the online information system spits out.

To me, it sounds like you have marked consular processing (petitioner is outside of the US at the time of this filing) on your EB-1. This also sounds like they indeed approved it and sent your file to the national visa center for issuance of an immigrant visa number. However, you (or your attorney) should have received an approval notice by now (unless you moved, they are absolutely inept in keeping track of petitioners address changes).
 
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