two approved NIW I-140, what would happen?

R

rz5qrz5q

Registered Users (C)
Dear all,
As what I have learned from this forum, one should not submit more than one NIW petitions. But in my case when my first NIW was denied, I appealed it and later I submitted another NIW petition while the appeal was pending. However recently I have received approval notice for the appealed petition at first then today an approval notice for the re-submitted one. I did send a letter to the NSC to withdraw my second NIW immediately after I received the approval notice for the appealed one, but seems the officer didn't notice my request for withdrawal.
I have browsed through this forum, but havn't found information about what would happen if two I-140 based on NIW are approved? how bad can the situation be? should I write to the NSC to request withdrawal of the approved I-140 again?
thanks in advance!
rz5qrz5q
 
I don't understand why you think it's bad. Having more than one petition filed with USCIS is allowed, and some lawyers do it routinely. There is also no legal barrier to filing two petitions of the same type.
When you apply for your I-485, just add the approval notice of the one you didn't try to void, just in case somebody took notice of your request to void it afterwards.
 
Hi JK0274,
thanks very much for your response. Since my first NIW was concurrently filed with a I-485, so the USCIS is now reviewing my I-485 after the appeal was approved. I was so nervous this morning when I got the USCIS email for the approval of the other NIW. Your words definitely are comforting.
Here is what confused me: if multiple NIW is allowed, then why would people need to withdraw their other applications after they get one case approved while the others are pending? Since I always see folks in this forum talking about only one NIW petition is allowed, and withdrawing other cases after they get an approval, so I thought something bad would happen if one has multiple approved NIW I-140 cases.
thanks again, and any further clarification and suggestion will be highly highly appreciated!
rz5qrz5q



don't understand why you think it's bad. Having more than one petition filed with USCIS is allowed, and some lawyers do it routinely. There is also no legal barrier to filing two petitions of the same type.
When you apply for your I-485, just add the approval notice of the one you didn't try to void, just in case somebody took notice of your request to void it afterwards.[/QUOTE]
 
How long did it take for the appeal to be acted upon?

rz5qrz5q;1617896

My I-140 was recently denied on the grounds that my company could not establish itself as a successor in interest an intends to appeal. Did your appeal go to the AAU? How long did it take for them to act on your case?

gcarthi

rz5qrz5q said:
Dear all,
As what I have learned from this forum, one should not submit more than one NIW petitions. But in my case when my first NIW was denied, I appealed it and later I submitted another NIW petition while the appeal was pending. However recently I have received approval notice for the appealed petition at first then today an approval notice for the re-submitted one. I did send a letter to the NSC to withdraw my second NIW immediately after I received the approval notice for the appealed one, but seems the officer didn't notice my request for withdrawal.
I have browsed through this forum, but havn't found information about what would happen if two I-140 based on NIW are approved? how bad can the situation be? should I write to the NSC to request withdrawal of the approved I-140 again?
thanks in advance!
rz5qrz5q
Click to expand...
 
yes my appeal went to AAO and it took approximately one year before I got the approval. you can read through my other posting about my case.
wish you have good luck with your appeal.
 
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