NIW or LC

M

MGGK

Registered Users (C)
Hi,

I have been benefitted a lot by discussion on various aspects of immigration process. I really appreciate your suggestions on a big dilemma I am facing.

I just changed my job and my employer will be filing for LC next month (after mandatory 30 days waiting)...I was told that I might get LC in 3-4 months (special handling), i.e., sometime early 06. My original plan was to apply for GC through EB2 with LC. However, due to the the retrogession of EB2 possibly from Dec 05 (visa bulletin) I am worried that I may not be able to file for 485. I am left with 2 years of H1B.

I have a Ph.D., good publication record (I think) 2 book chapters, 9 journal papers, 7 conference proceedings and more than 25 conference abstracts/presentations.

Should I be doing concurrent filing through NIW route. Can I transfer 485 filed with NIW, to I 140 approved based on LC at a later stage? please advice.

MGGK
 
I would try both

Dear MGGK,

If I were you, I would try both LC and NIW for I-140 petition considering the fact that you only have two years left with your H-1 visa. I am fully aware of the cost and time for filing both, however, I believe it should be worth it.
 
I agree that he should go with both LC and NIW but I guess what he wants to know is if he would be able to link previously concurrently filed I485 (NIW) with LC approved I140 later on?

It sounds like an innnovative idea for people left with few years of HI and retrogression bells on the door! Come on folks, comment on this!
 
Thanks jywantsgc and GoEagles for your suggestions.

I think it makes sense to do both NIW and LC. I would like to know if I-485 can be transfered to 140 approved based on LC (assuming that will be first...I will be filing in NSC!). Please comment.

MGGK
 
I think you can. I read on murthy that you can request USCIS to attach your pending 485 to another 140.
 
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