Can I-140PERM be used to replace pending I-140NIW?

Asked over 1 year ago - Columbus, OH

My company is filing I-140 (NIW) because PERM is taking too long to come back from DOL, and my H1B is up in a few weeks. Once that is filed we're doing I-485 and I-765. This will allow me to remain in the country though I will have to stop working until EAD card is approved (3months). We expect PERM to be certified sometime in Sept. Once PERM has been certified, can we replace the pending I-140NIW with an I-140PERM then get premium processing and have everything tied up in 2 weeks? Also will I need to file a new I-485 and pay again?

Attorney answers (4)

  1. Robert Louis Brown


    Contributor Level 20

    Answered . Yes - and it is possible to have completed in 15 days. Yes recommend that you file a new I-485.


    Robert Brown LLC
    1468 W.9th St., Suite 800
    Cleveland, Ohio 44113

  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyer agrees

    Answered . Sounds like a plan.. What does your EMPLOYER'S immigration attorney thinks? Yes, you will need to pay I-485 fees again.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Viera Buzgova


    Contributor Level 10

    Answered . Once PERM is approved, you should file a new I-140 based on the approved PERM (premium processing is a good idea). As far as the pending I-485 goes, we have previously successfully substituted the basis of I-485 from NIW I-140 to PERM-based I-140 (assuming you are staying in EB2 category) so that there was no need to file a new I-485. You should have an immigration attorney handle this for you to make sure it is done right.

    Viera Buzgova (512) 476-7163. The information above is general in nature and does not constitute legal advice. The... more
  4. J Charles Ferrari

    Contributor Level 20

    Answered . That is a determination that needs to be made by your employer's immigration attorney.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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