EB2 PD portability from employer based to NIW


gpinaki

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Hi,

Background: I currently have EB2 (india) I140 approved with PD of October 2010. 

Due to the long processing time and being stuck at the same job for so long I was considering different options. I am working at R&D and have several (20) patents. So I thought I may have a shot at NIW (processing myself/ through attorney-not employer). That way it will be easier for me to change jobs, if approved. 

However I have few basic questions,

1. If I file for EB2 NIW, will I retain my original priority data (oct 2010) , for my employer based EB2 ?

2. I am guessing I can file for the NIW , while keeping my current EB2/employer process. If the NIW application gets approved and if the ans to ques 1. is yes then obviously I will convert to EB2 NIW. But if the answer to ques 1. is no, can I have both application active in parallel ?

3. I am of course on H1 extension based on the approved I 140. If I switch to the NIW based GC do I have to re apply for H1 (if I stay with the same employer) ?

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Thanks for the very clear answers. 

I think just wanted to confirm one question which I am not sure I posed correctly. 

If I file the EB2 NIW now  and it gets approved both EB2 (NIW and employer based) will have the priority date as 2010 or the EB2  NIW will have PD of 2017 ?

 

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