should I withdraw pending I-140(NIW)

N

NIW_2007

New Member
Hi All,
I have a pending NIW I-140 at NSC with ND: Feb 2007. According to my lawyer, I will most likely receive RFE. Now I want to try efile another NIW I-140 to TSC (Does it still works?). Should I have to withdraw the pending I-140 before filing again? What should I say to my previous I-140? pending? Given the receipt number, will the officer know if it is NIW or EB2 (LC required) assuming the category is coded in the receipt number?
Thanks a lot,
NIW_2007
 
My lawyer said I have to withdraw it before I can file another one. It's a tough decision to make. Any suggestion?
Thanks,
 
Without seeing your credentials, it is hard to say why your lawyer said you are likely to get RFE. It is not unusual to get RFE for NIW, so as long as you can reply their questions satisfactorily, you will be fine - though it will not be a very pleasant experience. It seems these days the TSC is much tougher than the good old days (at least for EB-1EAers) and thus you are also likely to get RFE if you think you will get one from the NSC. The only advantage for sending cases to the TSC is they process faster than the NSC, so you will know the answer sooner. So, if time is your concern, then go for TSC. Otherwise, I do not think the odds of getting an approval on NIW is that much different now between NSC and TSC.
 
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