Al O
Aug 13, 2024
What happens to earlier EB2-NIW approval; if I port to EB1 and get denied ?
Since EB2-NIW priority date is going slowly, what happens if I port it to EB-1 ? How do I do and how long it takes ? Any experience would be appreciated
3
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Kar NIW i140-Nov 2023’Aug 13, 2024
If your EB2-NIW it’s approved it’s done! that’s one case. (if you get denied in one or another has no repercussions between them, both are different cases) You can’t “port” the case, in some cases you can use the priority date from the NIW-I 140., But the EB1 is current for now…, so you just have to apply, if you want, there’s no problem in applying, you just have to submit all if you have the knowledge (if not with a good EB1 Lawyer). that’s all. I was about to do it as well, but I couldn’t at the moment due to lack of resources and time for it. ps. all this information is from my personal experience and research through my lawyer, but I encourage you to read and understand it for your self and consult a very good immigration attorney. cheers!
T YAug 13, 2024
They are two different cases. The outcome of your EB 1 does not affect your approved EB2. If you get both approved, you can do AoS using either of the two. So go for it if you have the resources to. If it's approved great, now you can proceed to adjust status since EB1 is always current. If EB1 fails, you can adjust using your EB2-NIW, when you become current.
Al OAug 13, 2024
thank you for the clarification @kar C @T Y

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