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How can I file an NIW I-140 with a pending EB-5 I-485?

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?

Answers

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    Steven D Heller

    Immigration Attorney
    Answered on

    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.

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    C Matthew Schulz

    Immigration Attorney
    Answered on

    No. It is important to be honest and consistent on all applications.

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    Michele Franchett

    Immigration Attorney
    Answered on

    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.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    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.

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    Charles Foster

    Immigration Attorney
    Answered on

    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.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You should be able to have both pending at the same time.

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    Ying Lu

    Immigration Attorney
    Answered on

    No, it will not.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    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.

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    Jon Eric Garde

    Immigration Attorney
    Answered on

    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.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can file both petitions. However, if one of the petition is approved, the other petition will be dismissed by the USCIS.

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    Kevin Michael Tracy

    Immigration Attorney
    Answered on

    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.