NIW or employmentbased 485 is faster?

D

damsel'ndistres

Registered Users (C)
Does any one know that i485 filed through National interest waiver or employment based get approved faster?
can we file both concurrently ?

I have my employment based 485 receipt date of nov 11 2001.
I also have my national interest waiver i 140 approved, but could apply for 485 only after 5 years. that is this august. I just wanted to know if 485 tru National interest waiver would work any faster.

Thanx in advance.
 
I think once you reach the 485 stage it does not matter what category your I-140 petition is filed under. Basically everyone regardless of category has to wait in the same line. You might want to consult an immigration attorney just to be sure.
 
all of us go into in the same black hole, so it does not matter whether it is NIW or ........
 
I don't think NIW makes any difference at I-485. It matters only if the employment based priority dates retrogress
 
hello:

i think it doesn't matter. by the way are you a physician working in HPSA area? If so is your NIW alien of Extraordinary or Exceptional ability category. Please post.

Gkhan.
 
Hello Gkhan

Gkhan

Yes I am a physician working in HPSA area. I got my NIW i140 approved through exceptional category. I can apply for 485 tru NIW only after working in an HPSA area for 5 years. Now that it is 5 years I wondering whether I can get my 485 approved thru NIW faster than employment based one?
 
Hello Damsel'ndistres:

I am a physician working in a HPSA area since 1997. I got I-140 through exceptional ability category in 1997. At that time they did not have the 5 year rule but 3 year rule. due to rule change i could apply for i-485 only after completion of 3 years. However I was told by the lawyer that until I get my green card, I should be working in HPSA area. I have been working for 6 years now and Green card still pending.

ND: 4/2001
FP: 6/2002
AD: ?

I have friends who applied one year later and the 5 year rule applies to them. the good thing is that even if you don't get approved in 5 years, you don't have to keep working in HPSA area like me where there is apparently no cap of time spent in HPSA area. I think you can only apply after 3 years when the J-1 waiver requirement is over. its upto the BCIS if they approve your I-485 soon after that or they wait after completion of 5 years where I think the attorney sends them a letter stating that the 5 year period is over.

take care.

Gkhan.
 
gkhan

Gkhan

I have one more question for you. Thank you for your reply.

I will complete 5 years of working in HPSA area next month,when I will be eligible for applying for 485 tru NIW. But I already have a 485 application pending tru labour certification of R/D nov 2001.
Do you think the NIW 485 will get approved faster than the labour certification one since i have completed my 5 years here.

Do you know anyone who got their 485 approved after the 5 year NIW rule has come?

thankx
 
Hello Damsel'ndistres:

My friends have all applied for I-485 after completing the 3 years and they have not received approval although their 5 year term is finished recently. I am not sure if you can file 2 different I-485 based on labor cert. and NIW(had the same discussion with my lawyer regarding applying for labor certificate and going through consular processing, while I-485 based on NIW pending at TSC but he said that one application has to be withdrawn). You may want to check with your lawyer. However, I think if you apply through NIW, you can leave after 5 years(the case with one of my friends who has been told by his lawyer that he can leave current employer and may work in a non-HPSA area after the 5 years are over). With labor certificate, people are usually more inclined to work for the same employer unless they want to utilize the AC-21 portability rule.

Thanks.
Gkhan.

I am just a participant in these forums and not a lawyer. These are only my personal views and before acting on them or quoting them please check with immigration attorney.
 
gkhan

gkhan

I spoke to my lawyer about applying i485 tru NIW and labour certification concurrently. She says that I can go through Niw Consular processing If I want to even now. but it takes about 18 months for the whole process. My 485 (thru labour cert) receipt date is Nov 2001. She says I dont have to withdraw the 485 applied through labour certification. I was wondering whether I should go for consular processing.

Thanks in advance
 
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