Transfer of pending I-485 application from one I-140 petition to a new I-140 petition/interfiling I-485
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.
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.… Continue reading
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… Continue reading
Question: In case if my self petition rejected, is it possible to go through employer?
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.Sincerely
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