I have a pending EB-5 I-485 petition. If I file a National Interest Waiver I-140 petition, will it have any negative effect on my pending EB-5 I-485?
I don''t see any conflict generally in filing an EB-2 NIW while an EB-5 is pending. Specific factors may affect one or the other, of course. You should probably seek advice of your immigration attorney for a formal opinion.
No. It is important to be honest and consistent on all applications.
There is no prohibition against filing an I-140 when you have a pending I-485 based on approved I-526 petition. Possible negative effects on the pending EB-5 I-485 could arise if there were inconsistencies in the information included in the I-140 and I-526/I-485 filings, e.g. about your employment history or other material matters.
Filing multiple employment-based petitions will not have any negative effect; in fact, it is a smart strategy to pursue all available immigrant visa categories for which you might qualify.
You or an employer can file separately an I-140 petition for you in a National Interest Waiver case and it will not in any way adversely impact your pending EB-5 based I-485 application.
You should be able to have both pending at the same time.
No. If it is approved and the priority date is better than the one you have you can have USCIS make the transfer to that case.
There is no issue with filing an NIW-based I-140. It will not have any negative impact on your pending EB-5 based I-485.
You can file simultaneously file any immigrant petition under different preference categories, and the petition that is approved by the USCIS and whose priority date comes current first is the one you can use to immigrate through. With this in mind, your investigation of an EB-2 National Interest waiver is a good choice, so long as your supporting evidence is both ample and impactful. National interest is more than just positivity. It is something that affects this country greatly. We are able and ready to assist you in this effort.
You can file both petitions. However, if one of the petition is approved, the other petition will be dismissed by the USCIS.
Filing an I-140 National Interest Waiver will have no effect on your EB5 I-485 application. Whichever one gets you the Resident Alien Card first basically cancels the other.
