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J P
Jun 9, 2022
Interfiling or New I-485
Hi everyone! We applied on March 2021 concurrently for an EB2-NIW, but since it was taking so long my husband applied to a EB1-B thru his employer, we used premium processing so that I-140 was approved on May 23rd/22. Our I-485s were transferred to Nebraska from Texas less than a month ago. Now we need to decide if we need to do an Interfiling for our I-485s from the EB2-NIW to the EB1-B that’s already approved, or to send new I-485s for the EB1-B. Has anyone done Interfiling lately? how has your experience being? or Have you send stand alone I-485s in the last months? We’re you already approved? how long did it took, or how long have you being waiting? I would like to know your opinions and experiences. Thanks
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Super ManJun 9, 2022
Was the EB2-NIW approved? if it has been approved, I suggest you let your I485 process under EB2-NIW since it self petition. But if it is still pending, go ahead and interfile.
Joe JudahJun 9, 2022
I heard some case like that. I think you can keep the same i485 if pending and inform them that you are going to withdrawn your eb2niw and keep your new one approved.
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J PJun 9, 2022
@super man. no. the NIW hasn’t been approved. And with the processing times that we have right now we won’t expect for it to be approved anytime soon unless we pay PP for it
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Super ManJun 9, 2022
@JP Ok it makes sense to transfer your I485 but that does not mean your I485 processing will be faster. It will be processed normal. I recommend and strongly suggest you do not withdraw your EB2-NIW until you have your green card. Process your I485 on EB1-B but don't withdraw your EB2-NIW until you get your GC.
Joe JudahJun 9, 2022
super man. A friend of mine got a RFE for his i140 eb2niw and he applied for a eb3 while he is waiting the answer for his niw. he got a LC and 140 aproved for his eb3 and after that he sent his 140 approved (eb3) answering the RFE (NIW) and he is using the same i485 used in his niw. he got time in process and money. He asked for withdrawn the eb2niw and keep the i485 for his eb3 and in this case no make sense to keep both process. Depend of the case right..
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Super ManJun 9, 2022
I485 can only process on one approved I140. JP can Process the I485 on EB1-B but he should not withdraw the pending EB2-NIW until USCIS approved his GC. Your employer can terminate you job at will.
Joe JudahJun 9, 2022
he did that. Starting with a eb2niw and will finish with a eb3.
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H SJun 13, 2022
@lion Judah please if you can help me with WD for EB2 NIW with RFE I have RFE NIW and I am looking for the format ( draft). thanks for your time
Joe JudahJun 13, 2022
hs, sorry I do not know about that, my case is a eb3. My friend contacted a lawer to do that for him..
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H SJun 13, 2022
@Lion thanks for letting me know.
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J PJun 13, 2022
@Super man We don’t plan to withdraw the eb2-NIW, but we’re not going to pay premium processing or anything to get it approve faster. We’re going to interfile to the EB1-B, and let the NIW be till we have our green card thru the EB1-B. I’ll let you guys know how it goes
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Super ManJun 13, 2022
Sounds good!
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Super ManJun 14, 2022
@HS talk to EB2-NIW attorney.
Leck B.Dec 20, 2022
@hs do you have an email? i think we have RFE from same officer and can help.
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FlyHigh ❤️Nov 29, 2023
@J P , how did it go. Did you eventually interfere? did you get your GC already? if so, when did you get it? Thanks

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