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Can I File Multiple I-140 Petitions in Different Immigration Categories?

Dr. William:

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?

Answer:

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.




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