simultaneous EB1-OR and EB2-NIW

[NIW_Engineer]

Hi all,

My co-worker submitted last week his I140. Following the advice of his attorney he filed an EB1-OR and and an EB2-NIW. He's Chinese so he'd prefer the EB1-OR to avoid retrogression, though he sent the NIW in case the harder-to-obtain EB1-OR gets rejected. He actually sent the applications one day apart so the same adjudicator didn't get them both. His attorney told him if this happened then both would be rejected! I found this hard to believe... do you guys think there's any merit to this claim?

 

[gc-ache]

I don't think so. It is allowed that anyone can apply mutiple categories simultaneously. If both petitions end up with the same adjudicator one of them might get rejected/rfe but it is hard to believe that both of them will be rejected right away just for trying different categories together.

 

[waiting4_485]

You should fire your attorney

 

[NIW_Engineer]

You should fire your attorney

It's not me! I'm very happy with my attorney, about whom I've posted elsewhere in these forums, that's why I felt necessary to clarify. If you read my original post, you'll see I'm talking about a co-worker and his attorney.