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[vidyaram]

I have an approved labor(AOS with EAD)and am in an underserved area for almost 7 years. Since my case is stuck in name check, I spoke with a Lawyer after reading this forum asked him about NIW using the priority date from Labor. Applied for my I-140 and it is still pending with USCIS and the current processing date is Oct 2006 and my receipt date is Jan 2007. Could I just go ahead and assume that my I-140 will be approved and move(start fellowship) even if I don't get the actual approval. I know that some of you are in the same boat and would love to know what you have decided.
Sorry this turned to be a novel. I know that many of you have been helpful in the past and would love to get your opinions.
Thanks
Vidyaram

 

[posmd]

Alternative

I think it all depends on how risk averse you are. You sound like you're itching to start this fellowship.
Anyway one alternative would be to pony up the extra 1000 bucks and get the NIW140 petition premium processed, I think you are allowed to do that but confirm with the lawyer, that will give you a quick up or down answer, and if that will give you the peace of mind to move on it is probably worth it. I am quite sure I remember my lawyer advising me that you can convert a petition into premium processing while the application is pending.
Let us know how it works.

 

[vidyaram]

Thanks for the reply!

I checked on USCIS's website and it tells that the premium service is for I-140 EB2 not seeking NIW. Please tell me if it is otherwise and your lawyer knows something which I am missing. You are always very helpful and give me alternatives when I am ready to give up.
Thanks
Vidyaram