two I-140 simultaneously

S

stinger5

Registered Users (C)
Hi all,
if I want to file two I-140 (1 for EB-1 EA and one for NIW) with difference 1-2 days, should I mark - "yes"(and provide explanation) in subparagraph 4 of part 4 on my second I-140 that "other petition(s) or application(s) being filed with this Form I-140?
also, the subparagraph 6 of the same part 4 says - "has any immigrant visa petition ever been filed by or on behalf on this person?"
well for the first I-140 the answer is clearly no, but what to do for the second (NIW) I-140 form. say 'yes' and provide explanation?

Also, two forms will be in the USCIS system - do you think the USCIS officer might frown upon this? do you believe they might think - well, this person is not really sure how good he/she is", filing two forms together? Do you think it might weaken the EB-1 EA case? May be it is better to file EB-1 EA first, wait for the results and if the results are negative - then try a diferent category? thank you.
 
The mail room at the Service Center will sort the cases for sending to the proper location. The two cases will then be looked at individually by two separate officers at separate times (well it might be the same officer by coincidence, but they won't remember your name especially if one case is taken off the shelf few months before the other).

As for what to write - there's nothing wrong with writing "yes" for both and just sending them together....
 
stinger5 said:
how about if these two forms are filed electronically?
Click to expand...

Dont worry. Thats pretty standard, filing two application for one thing. And there are thousands of people around who do that. But main question here is R u filing I485 if yes then with EB1 or EB2?
 
No, I am not filng I-485 at the moment.
so, if I wish to e-file another I-140 (for NIW), I should clearly state on the form that I already filled I-140 and attach explanation (this is what the form says)? does e-filing permits attaching explanation (- I did not see that option)? what if just say No to that question on the form - will it surface up at some point with some consequences?
 
There is much more to I-140 than what you can fill in the e-form. Whatever you need to add will be in the documentation you will send by mail, including some explanation on your other filing...

Why would you start to lie by saying "no" while you should say "yes"? No need to go that route...

Chris
 
ChrisV - I totally agree, the lying route is not good. basically I was just trying to find out how important this particular paragraphis is and if it is even looked at or checked somehow. so the bottomline - if I decide to file NIW I-140 in addition to previously filed EA form, I should include a statement with my supporting documentation packet regardig what other immigrant petition I filed.
 
I applied for EB1-EA myself, and then just after less than a week, EB1-OR through my employer. Both petitions were approved, EB1-OR one a couple of weeks after EB1-EA. I didn't make any misrepresentation, and one application didn't have any negative effect on the other. I went on to file I-485 based on EB1-EA.

-pk
 
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