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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Question regarding filing EB-2NIW after filing EB-1A

Hello. I have applied for a GC in the EB-1A category, and have received an RFE. I’m currently gathering more evidence to try and address their concerns. However, I decided that since the NIW is, in theory, an easier way to get a GC, that I should also file a NIW petition.

My question is, in the part 4 of the I-140, number 6, it is asked if “has any immigrant petition ever been filed by or on behalf of this person?”. Now, since I already have an EB-1A petition pending, I’m sure the answer is obviously yes. But the thing is, they request to attach an explanation for this answer. How do I do this? I couldn’t find this information anywhere. Is there a sample of this explanation? Do I put it in a separate letter, do I put it along with the supporting evidences?

Thanks in advance.

3 Responses to Question regarding filing EB-2NIW after filing EB-1A

  • Marcelo says:

    Actually, there is some form of explanation in the I-140 instructions. But it is not very clear on the contents of the explanation. From what I could understand, I should put the explanation in a separate sheet of paper, printing my name, Alien Number, indicate page number, part number and item number, and that’s it.

    But what should I put in the explanation? Just write the case number of the previous petition and that’s it?

  • Tigran Kalaydzhyan says:

    You are right about the format of the explanation, do not forget to sign and date it. Regarding the content, there is an explanation in I-140 itself on the same page: “If you answered “Yes” to any of questions 4 through 8, provide the case number, office location, date of decision, and disposition of the decision on a separate sheet of paper”.

    Please keep in mind that NIW is not always an easier way of getting the Green Card – it depends on the nature of evidences you can collect. For instance, in my own case, it was easier to collect those for EB1A rather than NIW.

  • Marcelo says:

    Thanks Tigran

    In my case, I don’t have a decision yet. So, I’ll just write the case number, office location and state that “no decision has been made as of this date to this particular petition”.

    I think that will work.

    I understand that both “types” of petition have their own peculiarities, but think that in my case the NIW will be an easier way.

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