Request - NIW Vs Eb1b

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wac-ed in CA

Registered Users (C)
reposting this question hoping for some replies/opinions:

I am currently in the endless AOS period (WAC-02-223-xxx) with an EB1b (outstanding researcher) I-140. I would like to file a new I140 (National Interest Waiver) since the restrictions on portability (and even after obtaining GC) with Eb1B are not suited to changing fields/flexibility in employment. I140 (NIW) should allow much more flexibility in this respect.

My questions are:
- Can I substitute an approved NIW I140 for the original EB1b I140 when the 485 comes up for abjudication?
- Are there any NIW filing requirements that conflict with an approved EB1b?

The immigration lawyer I consulted says yes to the 1st (can be substituted) and no to 2nd question (no conflicts).

Opinions? Comments?

-wac-ed
 
Hi,

you certainly can do that, though i am not sure what will be consequences of another I485?(i assume you will file cocurrent filing)? other than that, it is OK and legal. EB-OR is very restrictive especially not with this 485 hell, you are look at at being trped in your job for endless long time abd if you lose job in the mid of this, there will be consequences.

hope this help
 
my intention is to substitute the NIW I-140 for the EB1b when/if it is approved in the current 485 process. the attorney says it is allowed - anyone here with any kind of substitution of 140s here?

and yes, the restrictions in EB1b are the main reason for considering this route. i will be filing AC21 transfer soon as well to change jobs (current job eliminated) in 'same or similar' category....
 
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