File Multiple I-140 Petitions in
Different Immigration Categories
Can I file multiple I-140 petitions in different immigration categories, in the case of severe EB-3 category retrogression in my home country's immigration visa number?
Yes, you can. If one of your I-140 petitions is approved, the USCIS will adjudicate your I-485 application based on the approved I-140. If your employer files an I-140 petition under EB-3 based on an approved EB-3 labor certification, you may have to wait long time for an EB-3 immigrant visa to become available if you are from China, India, or Philippines.
In this situation, if you also have an I-140 filed under a first-preference (EB-1) category, such as Aliens of Extraordinary Ability (EB1-EA), Outstanding Professors or Researchers (EB1-OR), or EB1-Multinational Executives or Managers, or under National Interest Waiver (NIW), you may file I-485 early, and get your green card approval several months or several years earlier, depending on how far the EB-3 category retrogresses.
You should file your Form I-140 at the correct address. If you file a Form I-140 with other related applications for the beneficiary, write the beneficiary’s name on the payment document. You should submit one check per form.
|Questions & Answers for Green Card Application|
|EB1 Extraordinary Ability (EB-1A)|
|EB1 Outstanding Professor / Researcher (EB-1B)|
|EB1 Multinational Executive or Manager (EB-1C)|
|EB2 National Interest Waiver (NIW)|
|Form I-485 Adjustment of Status|
|PERM Labor Certification|
|Form I-140 Application after Labor Certification|
|Request For Evidence (RFE) for EB1, NIW, L1 Visa|
|Questions & Answers for Working Visa Application|
|J-1 Waiver of 2-Year Home Residence|
|H-1B Visa Application or Extension|
|O-1 Visa Application or Extension|
|L-1 Visa Application or Extension|
|P-1, P-2, P-3 Visa Application or Extension|
|William's Answers for Immigration Questions|
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