abcd xyz
Jul 8, 2023
upgrade to EB1
I have an approved I-140 (EB2NIW) with a PD on November 2022. I filed my I-485 concurrently and it is at Los Angeles FO now. I haven’t received a biometric appointment, EAD or travel parole yet. due to EB2NIW retrogression, I am considering to apply for EB1 I-140 now and upgrade my I-485 to claim November 2022 PD. Have anyone succeeded in pursuing this path (upgrade EB2 PD to EB1) recently? My lawyer told me that my profile would qualify for EB1 but of course I have to wait for EB1 I-140 approval so I don’t know if it would actually speed up the process. What do you guys think?
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Blue BlueJul 8, 2023
do it. worth it
Matt Jul 8, 2023
I got both approved, EB2-NIW and EB1. Glad my lawyer also recommended EB1 as (more risky) backup given the retrogression now.
good luck!
Selith HJul 8, 2023
Not sure about your situation but personally I will just wait for the PD to become current but if you have the cash and can even use premium processing then why not give it a try.
abcd xyzJul 9, 2023
@Matt thank you! do you have to change a lot of things for your EB1 I-140 (get more letters of support, show more stuff, etc) or it is basically the same things and your lawyer write differently in the petition. I’m just trying to estimate the prep time that is needed from my side to commit to this. any sharing is helpful!
abcd xyzJul 9, 2023
@Selith H thank you! I am tempted to just wait for the Eb2 PD to become current. But I haven’t gotten biometrics appt, EAD and Travel Parole yet so I’m worried that it will interfere with my upcoming plans since my current visa will expire in 6 months so I’m seriously considering the EB1
Matt Jul 9, 2023
In my case we went for the EB1 upgrade because I couldn’t even file the I-485 with my NIW (PD after Dec 2022) and my current visa expired (never got selected in H1B). So I had to get the EAD and avoid accumulating unlawful presence. My Combo card took only like 2.5 months so you should really have that soon.
That being said, we did a “last minute” EB1 submission. I had to provide 1 more letter of support (4 in total) and my lawyers drafted a different cover letter. Rest was basically the same (publications, reviewing work of others etc) and we prepared everything within 1 week.
I have a science background with a PhD so chances for an EB1 were quite high. Depends on your background I guess and how fast you want to get the green card (final action date is still in Feb 2022 for EB2 ROW I believe).
You’ll be fine either way since you got your I-485 submitted already. just a waiting game
