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.


Registered Users (C)
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.


Registered Users (C)
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).


Active Member
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?