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Multiple i-140

Published Apr 29,2009 By GCforPhD

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


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.

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12 years ago

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. Now I would like to e-file another I-140 for NIW.

If the EB1A I-140 is denied, can I transfer the I-485 to the NIW I-140.

11 years ago
Reply to  Yan

Transfer of pending I-485 application from one I-140 petition to a new I-140 petition is governed by pearson memo and is called interfiling 485. You can see the original memo attached. 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 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 a i-140 in the NIW category, you may be able to submit a interfiling letter soon so that the existing 485 is transferred to NIW. This way if you think EB1a has lower chance of success, your 485 can be used with NIW.

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

Best of luck

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