What are the issues applying for EB1-OR after applying for NIW

A

akphelp

Registered Users (C)
Dear freinds,

hoping to get some expert opinion on the following issue:

1. I applied for NIW in July 2007 (concurrent filing)
2. My university wants to sponsor an EB1-OR for me now.

I have my NIW I-140 pending NSC. I-485 and EAD are under process.

Univ. attorney argues that I cannot have two I-485 pending and it is difficult to transfer niw -485 after EB-1 I-140 gets approved.

Did this happen to any members here and if so could you share your experience.

thanks
 
There are several people filled two I-485s with the similar situation. It wont be a big problem as long as both are not current.
 
sorry , I did not understand what you suggested. could you elaborate a bit.


In July 2007 when I applied for NIW, visa bulletin status for EB2-NIW was 'Current'. I applied I-140 and I-485 concurrently.

Now (Nov 2007) EB1 (both A and OR) are current. That means if I apply in Nov for EB1-OR I can apply 140 and 485 together.

my question was 'two 485 cannot be filed for a person' in any category. I appreciate if this unlcear mess of information is cleared.

thanks
 
There is no defined law against/for filing multiple 485s. It would obviously create a confusion when more than one 485s are filed. NIW is not current now. Obviously you wont have any visa numbers for the approved NIWs. So your I 485 will not be processed. (It would be pending.) WHen you file 485 for EB1 in which visa number would be available, would be processed. People have tried including myself to transfer I-485 (pending I-140) to approved I140 AND ended in mixed results.
 
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