Tag Archives: multiple i-140s

Transfer of pending I-485 application from one I-140 petition to a new I-140 petition/interfiling I-485

Question:

I obtained my PhD degree in Mechanical Engineering from a US University in May 2008. I am currently a Postdoc at a different US university.

I e-filed I-140 for EB1A and then mailed the I-140 e-file receipt, I-485, I-131 and I-765 all together yesterday. Now I would like to e-file another I-140 for NIW.

My question is if the EB1A I-140 is denied, can I transfer the I-485 to the NIW I-140.

Answer:

Transfer of pending I-485 application from one I-140 petition to a new I-140 petition is governed by Pearson’s memo and is called interfiling I-485. You can see the original memo at the link below. There are two conditions that should be met for interfiling. 1) Original I-140 should not be revoked or denied and 2) priority date for the new I-140 filing is current.

In other words interfiling of EB1a I-485 to NIW cannot happen after EB1a is denied.

We heard the interfiling happens automatically but sometimes uscis may not pick it up. So it is better to file.

In your case if you plan to submit an I-140 in the NIW category, you may be able to submit an interfiling letter soon so that the existing I-485 is transferred to NIW. This way if you think EB1a has lower chance of success; your I-485 can be used with NIW.

Here is a forum discussion on how some people have interfiled.

http://forums.immigration.com/showthread.php?183034-I-485-(VSC)-approved-for-spouse

Q1:

Our group cut funding on 12/31/2011. I think my H1B is invalid now since I am not on the payroll since 12/31/2011. If my employer file a new H1B petition for me, e.g. my boss find another new position for me in the same department or the same University, can I start working immediately as soon as the new H1B petition is filed. I don’t know if it is called the H1B extension or a new H1B filing since I may be not on the payroll for about a month or so before they find a new position for me.

Can I start working immediately as soon as the new H1B petition is filed or I’ll have to wait till the new H1B get approved? The time that I am not on the payroll could be only a few months before the department finds the new position for me.

Answer:

We are not experts at this. But your university immigration services should be able to advice correctly. We think you can stay while h1b is being processed but can only work once it is approved.

Multiple i-140

Question: Can I file multiple I-140’s at the same time? How can I file a I-485 in this case?

Answer:

USCIS does not have any restriction on the number of i-140 applications you file either independently (self-petition) or through an employer. In fact one could file multiple i-140 petitions simultaneously. For example you could self-petition in EB1A and EB2-NIW at the same time or self-petition in EB1A and have an employer file another EB2 petition. However, each of the application should be complete in itself and should be filed independently of the other. If you are also planning on filing a I-485, it is possible to file one I-485 with one of the I-140 applications. In case if this 140 application is rejected or the other one is approved earlier, it is possible to transfer the I-485 to the approved 140.

In case if my self petition rejected, is it possible to go through employer?

Question: In case if my self petition rejected, is it possible to go through employer?

Answer:

USCIS does not have any restriction on the number of i-140 applications you file either independently (self-petition) or through an employer. In fact one could file multiple i-140 petitions simultaneously. We recently had one applicant file two i-140s (one in EB1A and one in EB2-NIW) and his EB2-NIW got approved. One can always file a new petition (again via an employer or independently) if a old one is rejected.

Question on second GC petition

Question:
My wife is having H1B, employed as Pharmacist with retail chain store since October 2005. Our greencard application is filed in June 2007 and we got EAD too.
As she is also having Ph.D. degree in Pharmacy from India, I like to know about greencard process (based on your information given in your website) – best possible way to get it earlier.
We are presently at Michigan.
Awaiting your further response.
Thanks.
Answer:
Thank you for the question. It is hard to answer with out complete details of your case like primary applicant and category in the already applied green card. I am assuming you are the primary applicant on your current GC petition.

There are two choices for a Phd to self petition fro GC namely via EB1A and EB2-NIW. Currently priority dates for EB2 for Indian nationals are retrogressed and it may not prove useful in her case. EB1A priority dates are current and from the estimates of current processing times for I-140 and I-485, USCIS is taking approximately 1.5 yrs from application to final GC approval. You can review USCIS criteria for EB1A to see if she eligible. Else where on our web site you will find information on EB1A criteria.

In general multiple i-140’s are allowed and will not affect the current i-140 /i-485 application being processed.

Best of luck