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

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. 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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. 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 statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. You should retain an attorney to review all the facts specific to your case in order to receive advice specific to your case.


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

    216.861.4414
    immigration@rbrownllc.com
    www.brown-immigration.com

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

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