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Can I File Two I-140 Applications at the Same Time?

Hi William:

Can I file two I-140 applications at the same time - one NIW application first, then another NIW application with new material? Or can I file one NIW application and another EB1-Extraordinary Ability at the same time?

Answer:

Generally, you can not file two NIW at the same time. Because in the Form I-140, you need to answer the question that why you need to file two NIWs? and what is the status of another NIW? But it is possible to file two petitions such as an EB1-Extraordinary Ability and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB1 and NIW. 

The requirements in EB1 and NIW are different, and the application preparation is significantly different between these two classifications. For example, it may be likely that one could qualify for NIW, but not EB1. But once your I-140 is approved, there is no major difference between these two classifications for the I-485 application later.

It is possible to file two petitions such as an EB1 and a NIW at the same time. Some applicants file two I-140 petitions simultaneously in EB-1 and NIW. There is nothing stated in the law that prohibits multiple filings. Actually, multiple filings increase your chance of approval.

 








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