Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

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.

Questions about adjustments to the I-140


We have applied for the EB1A but after serious consideration we realized our chances would be better with the EB2-NIW. So when we applied for the NIW, we had to say that we had already applied for a I-140 before, and since we haven’t got an answer for it at the moment, that’s specifically what we said in the petition (that no answer have been given at that moment). A couple months later, we received an RFE for the EB1A and decided to drop the case, so it was denied on the basis as if we have forfeited it. Now, having this information, should we send this information (the result of the previous I-140) to the USCIS before getting an answer for the EB2-NIW?

Another question, we have applied for it considering that we would have enough time to apply for the I-485 from within the United States. However, they have been experiencing some extreme delays in processing times. I have a friend of mine that just got a positive response for her I-140, which was applied for 11 months ago. Currently, I need a waiver to apply for the I-485 when the time comes, but I’m not willing to get one before I know if my I-140 will have a positive response, the reason being because my country’s government will only waive the 2-year requirement IF I agree to reimburse it from the scholarship I received. That wouldn’t be a problem for me at all, but I’m not willing to commit to this if I don’t know for sure if I’ll get a positive answer. So I’m worried that the I-140 answer will take more than predicted, and if there will be enough time for me to get the waiver and then apply for the I-485 (it would take a few weeks for my government to process this). So my question is, can I change the place where I’d be continuing the Green Card process AFTER receiving the answer? Say, if I receive an approval only a month before my visa expires, I believe that wouldn’t be enough time to get the waiver, so I would opt to move back to my country and continue the process from there. Is that possible?


One Response to Questions about adjustments to the I-140

  • Tigran Kalaydzhyan says:

    I do not think you have to notify USCIS if you abandoned another case, because all information was correct at the moment of filing the I-140.
    Answering your second question, if you do not have time to file I-485 and have to return to your home country, then you can file the form I-824 and proceed with consular processing. Please keep in mind that the I-824 processing time is several months.

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