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EB1 & EB2 140s approved. Seeking help to pick

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  • EB1 & EB2 140s approved. Seeking help to pick


    I-140 has been approved for both of my EB1 (OR) and EB2 (combined with EB3); both priority dates are current. EB1 (OR) is being processed at Texas with TAT = 6 months for I-485. EB2 is being processed at Nebraska with TAT = 4.9 months for I-485. My paperwork for EB2 I-485 was ready to go when I learned yesterday about my EB1 I140 approval. Here are my questions:

    1a. What are my chances of rejection for the green card now for EB1?
    1b. for EB2?
    2. Do the TATs listed above indicate that I should apply with EB2 to get the green card faster?
    3. I know that the medical exam paperwork is the same for EB1 and EB2 I-485 applications. Could one typically use remaining paperwork prepared for EB2 I-485 (such as I-131, I-765 etc documents) and apply with them to EB1 I-485 instead? Or is I-485 application for EB1 significantly different? I'm trying to reduce the paperwork preparation time by the lawyers.
    4. How long can one hold an application (EB1 or EB2) from applying to I-485 stage? I would hate it if lawyers retract one application, apply for the other, and then it gets stuck for either RFE or priority date issues. Employer prefers to apply for EB1 I-485. Is it the best thing for me?
    5. Employer prefers to apply for EB1 I-485. Is my employer's reasoning correct (PERM is not needed and less expensive)?
    6. If you had to pick one, which one would you pick to apply I-485 for: EB1 / EB2?

    Please comment.

    Thanks a bunch

  • #2
    You should apply for I-485 in one of the categories immediately, whichever one you think is your strongest application.

    Do not look at the difference of processing time of 1-2 months.
    Immihelp Support
    No legal advice. Use at your own risk.

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