PERM + NIW

L

Laura87

New Member
Hello all, I’ve been working for 4 years in the same workplace in the US with an O1visa, and last year my employer decided to sponsor my Green Card.We are working with a lawyer who suggested we applied for both PERM and NIW.
After many months I finally received the EAD card from the NIW, and I just got approval on PERM.
Next steps I think is file the I-140 with premium process. My questions are:
1 - Now that my perm is approved, can I still travel outside the US with the EAD card that I received with NIW, or will that compromise my other application (the one through PERM)?
2 - what exactly are the next steps/timing? my lawyers are not being very communicative and every time I ask something they answer pretty abruptly and not throughly so I really don’t have a clue of what’s going on.
Thanks in advance.
 
Did your lawyer not file I-131 advance parole when I-485 was filed. You should be able to file I-131 with pending I-485 if not already filed & don't leave country until advance parole approves.
 
A lot depends, IMHO, on whether the I-140 for the NIW has been approved yet. If the I-140 for the NIW is approved, I would recommend focusing solely on that case and forgetting about the PERM case--which adds no additional value at this point.

If the I-140 for the NIW has not been approved, I would wait to travel until you get a new EAD/AP based on the PERM case.

Here is my thinking: an EAD/AP based only on the strength of a filed (but not approved) I-140 / I-485 is a fairly weak position to be in. An I-140 for an NIW case is never a slam dunk, and it can be revoked at any time. Moreover the O-1 is not dual intent, so now that you've filed an I-485 you can't re-enter in O-1 status. So if you travel, you could in a worst case scenario end up being unable to work in the US or re-enter in any capacity.

But if the I-140 for the NIW is approved, you are on more solid ground and can travel (and forget about the PERM case).
 
Burden of proof is very high on NIW case. Find out if NIW I-140 is eligible for premium processing. Have PERM process parallel to NIW.
 
Is your lawyer certain of the I-140 approval that they filed I-485 concurrently?
Are you aware of the consequences of this if your NIW I-140 is denied?
 
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