EB1 EB2 140s approved. Seeking help to pick

[hameshatumkochaha]

Hello,

My history is listed here: http :// forums.***************

I improved my resume significantly by working all weekends and publishing a lot since. 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

[This message was edited by Admin on July 10, 2011 at 05:51 AM.]

[Attorney_19]

There are variety of factors to consider in making such a decision. Therefore, it is best to seek the advice of a knowledgeable immigration attorney. The Murthy Law Firm has experienced attorneys that can offer consultations and help an I-485 applicant evaluate his/her different options and make the most informed decision.

Some factors to consider are as follows

1. Are the EB1 and EB2 I-140 petitions for different jobs? If so, the applicant should opt for the job that s/he actually plans to be employed in permanently upon approval of the green card.

2. The priority date for EB1 is less likely than EB2 to retrogress in future.

3. The EB1 Outstanding Professor Researcher is a employer-sponsored position. Is the EB2 petition also employer-sponsored or is it a self-sponsored national interest waiver? With an employer-sponsored position the applicant should work for the sponsoring employer on a permanent basis (at least for one year) after green card approval. There is no such obligation for a self-sponsored petition.

[hameshatumkochaha]

Hello,

Thanks for the response. Yes, I am working with the attorney and taking the advice also. Here are some comments:

1. For similar / same job by the same employer.

2. Thanks. So it appears you suggest EB1 is better to proceed with irrespective of the additional one month of current processing I listed earlier.

3. Both are employer sponsored applications and positions.

You said, "With an employer-sponsored position the applicant should work for the sponsoring employer on a permanent basis (at least for one year) after green card approval."

Thanks for informing. I do intend to continue; however, may I please know if this were to not happen, what are the consequences? Should I keep the same job title? i.e. can I not go from current technology position to a management or marketing position? What if one wants to go back to school again? Actually, I was informed earlier that a lot of people leave jobs once they get a green card and have no hassle.

Thanks again,