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
Published Oct 16,2016
By Marcelo
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.
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Marcelo
7 years ago
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
7 years ago
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
7 years ago
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.
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.
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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?
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.
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.