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.


what to do with new dociments if I-140 was filed


I’m confused regarding DS-2019 and I-140.
1) What should I do if I already filed I-140 and after that I received a new DS2019 (extended) form? Should I send it to USCIS or wait RFE? Can it result in some problems/consequences?
2) While processing I-797C, my current DS2019 (that I sent in the petition, not the extended one) might be expired. Is that make any difference?

And a question from my friend:
3) I have never got I-797C, Notice of Action, only DS-2019. Should it be enough? Or how can I get I-797C?

Thank you very much for your help,


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.… Continue reading

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… Continue reading