NIW vs LC

N

nephdoc2003

Registered Users (C)
Hello friends,

Good news about the retrogtression. I was wondering if it would be feasible to file for AOS based on NIW and then change to LC based I-140 after the 3 year waiver is done. Is that easy/ difficult to do? Please advise.

Thanks
 
nephdoc2003 said:
Hello friends,

Good news about the retrogtression. I was wondering if it would be feasible to file for AOS based on NIW and then change to LC based I-140 after the 3 year waiver is done. Is that easy/ difficult to do? Please advise.

Thanks
Click to expand...

Apparently NSC does not allow this. There is a Pearson memo on this topic, but NSC makes its own interpretation.
 
I am in the same boat. I have I-485 filed based on NIW (during my 3 year period of waiver). I have finished the waiver 9 months ago, my PERM based I-140 is approved and from july 1st the PD will become current for me.

Can I inter-change (inter-file) I-485 from NIW to PERM based application?
My lawyer tells me that If I filed NIW based I-485 after 3 yrs of waiver the yes but not if it was filed during the three years of waiver?
Can any body confirm this?

On immigration-law.com I read about new NSC instructions about interchanging I-485 and here it is

"06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
• This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
• However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
• According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
 Name of 485 applicant
 Name of I-140 petitioner (employer)
 I-485 Receipt Number
 "A" Number of the 485 applicant
 Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
 New I-140 to be inter-filed
 Statement requesting new I-140 be inter-filed with the pending I-485 application.
-----------------------------------------------------------------

Has anybody sucessfully interfiled I-485 from NIW I-140 to PERM I-140?
 
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No Harm in trying.

I suppose you could take the approach that the worse they could do is say no to the transfer. However I do want to suggest that if your ultimate aim gondalguru is to get the green card early then you might have to consider which of those 2 petitions ie NIW140 or the PERM based 140 has the earlier PD associated with it. Although dates are current, I doubt this will be so for very long. Once retrogression hits again, the 485 would be best served attached to the petition with the older PD.

I remember reading in the pearson memo on this that the 485 can be attached to another 140 petition if both 140s (from and to) are both current. NSC is notoriously difficult in this issue especially with physician NIW cases and my lawyer even told me not to bother to waste our effort. TSC is more sympathetic to it from what I gather. Hadron has posted on this issue many times in the past as well. Matthews-ohs posting which gondalguru put in his post above however does offer a glimmer of hope.

My labour based 140 is still pending, and my 5yr NIW time is nearly done. I am hoping these priority dates hold for a few months so I can complete my AOS. I really don't want to go through another round of this crap circus.
 
I-485 Interfiling

Hello friends,

I just got an email back from my attorney stating that interfiling is not permitted. If anyone knows any different, please let me know.

Thanks.
 
I just found out that my I-485 is pending at Texas Service Center. Both of my I-140 has the same priority date (September 2004)

I discussed the case with one high profile attorney and she told me that she has done multiple I-485 transfer on physician NIW I-140 to PERM I-140 at Texas Service Center. TSC is very easy to work with in these type of cases. NSC is the most difficult and they tend to deny these requests.

For now, I am keeping my fingers crossed. I will keep you guys posted on the developments.
 
gondalguru said:
I just found out that my I-485 is pending at Texas Service Center. Both of my I-140 has the same priority date (September 2004)

I discussed the case with one high profile attorney and she told me that she has done multiple I-485 transfer on physician NIW I-140 to PERM I-140 at Texas Service Center. TSC is very easy to work with in these type of cases. NSC is the most difficult and they tend to deny these requests.

For now, I am keeping my fingers crossed. I will keep you guys posted on the developments.
Click to expand...

TSC is quite good about it. NSC is a different story.
 
NIW/HPSA EB2, and H1B extension

Dear senior members of the forum,

I am an H1b physician in the 5th yr of my H1b and starting a job soon. I am very apprehensive about the delay occuring in recruitment etc, and as a result in LC/PERM.
But since the hospital is in an MUA, I will be filing EB2- NIW/HPSA before the 6th yr of H1B starts. My questions is that will that be enough to have H1b extensions beyond the 6th yr.

Your input will be much appreciated.

Thanks.
 
Not sure about H1b extension but if you can file NIW I-140 quickly then you can also do concurrent I-485 and you will be eligible to get EAD based on that. You might not need H1b after 6 yrs if you have EAD in your hand.
 
NIW and PERM 485

Hi I am a physician currently fulfilling my 3 year J1 waiver requirement. I have completed 2 years.
I have an approved PERM I-140. This was approved in Dec 2005.
I would like to file for NIW under the subspecialist category and obtain AP for travel for my wife. As I do not have my H1B stamped.
Can you please my questions in this regard if this would be an ideal option for us.
Questions
1. Will filing my NIW- I 140/485 now and using the AP make me committed to the 5 yrs
2. Upon completion of 3 years can I use my PERM approved I 140 and adjust my 485 based on that. My 3 yr commitment would be over in June 2008.
Please let me know your best suggestions in my case.
Also I am planning to file at VSC - Vermont. Please post your experiences.
Thanks a lot
RJ
 
nephdoc2003 said:
Hello friends,

I just got an email back from my attorney stating that interfiling is not permitted. If anyone knows any different, please let me know.

Thanks.
Click to expand...
It is possible under law and there is USCIS memo about it. However, they tend to deny interfiling.
 
gondalguru said:
Did they give reason why they refused to interfile?

Did they cancle your I-485? or it was just a refusal for interfiling.
What did u do afterwards.
Click to expand...

well after multiple requests and wasting 6 months finally got an answer. Their (VSC) reasoning was that my first 485 was filed under NIW 140, when i was still doing my 3 year waiver . so according to their interpetation of law at the time of filing i was not not able to adjust the status. so they cannot transfer that NIW 485. This reasing does not make sense. My lawyer did not agree and wrote another letter but no response afterwards and there is nothing I can do about it.
(VSC)They told me that if i want i can file another 485 under perm EB2 , which is what i did. the second 485 is pending now for 7 months and it got transfered from nebraska back to vermont 3 months ago.the first 485 is also pending but it cannot move for another year when i complete 5 y NIW.
During this fiasco, all the visa number are gone for the this year and i am still stuck with my shitty job trying to figure out whether now i should complete 5 year niw in same job or use 180 day portability on 2nd 485 and leave this job and hopefully work in another MUA to also simultaneously try to complete NIW requirement so atleast i dont wast NIW approval.But with my bad experiences so far i am somwhat reluctant to do any transfer despite some attractive job offers.
what would you guys do in my situation if you absolutely hated your job.
 
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Need help

I am going to file I-140 myself. I am wondering if any of you could help me with my cover letter? I do not know how to address myself in respond to " Evidence of the national benefit to be provided by the applicant outweighs the national interest in the labor certification process", anyone can share your experience with me?
Thanks
 
farsheedj said:
well after multiple requests and wasting 6 months finally got an answer. Their (VSC) reasoning was that my first 485 was filed under NIW 140, when i was still doing my 3 year waiver . so according to their interpetation of law at the time of filing i was not not able to adjust the status. so they cannot transfer that NIW 485. This reasing does not make sense. My lawyer did not agree and wrote another letter but no response afterwards and there is nothing I can do about it.
(VSC)They told me that if i want i can file another 485 under perm EB2 , which is what i did. the second 485 is pending now for 7 months and it got transfered from nebraska back to vermont 3 months ago.the first 485 is also pending but it cannot move for another year when i complete 5 y NIW.
During this fiasco, all the visa number are gone for the this year and i am still stuck with my shitty job trying to figure out whether now i should complete 5 year niw in same job or use 180 day portability on 2nd 485 and leave this job and hopefully work in another MUA to also simultaneously try to complete NIW requirement so atleast i dont wast NIW approval.But with my bad experiences so far i am somwhat reluctant to do any transfer despite some attractive job offers.
what would you guys do in my situation if you absolutely hated your job.
Click to expand...

Depends on how badly you hate this job. If it is absolutely abusive, then I would move. The main point here is you are done with the 3 yr waiver. The chance you would be taking is a very small one. Especially with you having a 485 pending through your PERM with 6 months completed after 485 filing, AC 21 could offer you some cover as well.

The other useful question is are you from retrogression land. If you are then you are almost certainly better off moving, if not then it might be worth biting the bit and bearing it out.

Their rationale sound terrible. If that were the case then, why are they not assigning a priority date of the NIW petition as the start of your 5 yr commitment? Why does it have to be your 140 application date? Why not have a special quota or schedule A inclusion for NIW physicians. None of this makes any sense. It almost seems to me that they have become more hardened in their position toward these cases since Shus*****s legal challenge and victory.
 
Better off moving

I think that since you have a PERM based I-485 pending, you would be better off moving esp since you are now portable.
 
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