Can an EB2 NIW application be done by an attorney and the adjustment of status be done separately?

[Lifewithjoy 19]

My brother decided that he wants to apply for the EB2 NIW. He is already here in a tourist visa. He is planning to work with a lawyer to submit the form I-140 and it all the needed documentation for the application. I told him I could help to fill the forms I-485 and I-765. He will talk to his attorney about this possibility. My question is: That would be possible to submit the adjustment status process separated from the I-140 and not done by the lawyer? Or if he sends application done by a lawyer he can't submit the other applications done by someone else?

[Family 3,988]

The lawyer can do the I-140 only , if that is what your brother decides, and once  I-140:is approved, then your brother or even a new attorney can do the Adjustment.

[jan22 3,056]

7 hours ago, Lifewithjoy said:

My brother decided that he wants to apply for the EB2 NIW. He is already here in a tourist visa. He is planning to work with a lawyer to submit the form I-140 and it all the needed documentation for the application. I told him I could help to fill the forms I-485 and I-765. He will talk to his attorney about this possibility. My question is: That would be possible to submit the adjustment status process separated from the I-140 and not done by the lawyer? Or if he sends application done by a lawyer he can't submit the other applications done by someone else?

It is unlikely that the I-140 will be approved in time for him to qualify to adjust status in the US.  In the best of times, petition approval for an EB2 NIW was taking 3 to 9 months for approval.  To adjust status, he must be in the US under a valid non-immigrant status.  He is already in the US on a B2 entry, so that gives him a maximum of 6 months.  He has not yet hired a lawyer, gathered all of the documentation, and submitted the I-140.  It would be difficult to do all that before his B2 entry expires, let alone have the I-140 to be approved so the adjustment of status could be adjudicated.  He would not be in-status once he authorized stay has expired and he has over-stayed, so there wold be no status to be adusted from.

[Family 3,988]

Premium Processing is available for the I-140 and can be decided 15 days , though one needs to have a window for any possible RFE and I would assume the attorney recommended it to ur brother. 

[Lifewithjoy 19]

Thank you everyone. What I meant was if he does the I-140 with a lawyer and after he receives the receipt from this application, if we could submit the I-485 without the lawyer. It would still be during the valid status. This would save him a lot of money because its not just him. He is married and has children.

[Boiler 45,525]

12 minutes ago, Lifewithjoy said:

Thank you everyone. What I meant was if he does the I-140 with a lawyer and after he receives the receipt from this application, if we could submit the I-485 without the lawyer. It would still be during the valid status. This would save him a lot of money because its not just him. He is married and has children.

That is not how it works

[Lifewithjoy 19]

8 hours ago, Boiler said:

That is not how it works

Well, the lawyer said it would be too risk  if he didn't do all the process with him and bla bla bla. So,  my brother got scared and have  decided to pay for the whole process with him. I'm just happy that I didn't have to pay a dime to a  lawyer for any of my immigration applications.

 

Thank you!

Edited April 13, 2022 by Lifewithjoy
Misspelled

[Boiler 45,525]

Did the lawyer mention as to how he was going to stay in status?

[jan22 3,056]

12 hours ago, Family said:

Premium Processing is available for the I-140 and can be decided 15 days , though one needs to have a window for any possible RFE and I would assume the attorney recommended it to ur brother. 

Per the chart on the USCIS website, Premium Processing is not available for EB2 with National Interest Waiver (https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing).

[Family 3,988]

5 minutes ago, jan22 said:

Per the chart on the USCIS website, Premium Processing is not available for EB2 with National Interest Waiver (https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing).

Thank you , I failed to check the chart . So now I would be guessing that the attorney will do concurrent filing for the I-140 and I-485 

[Boiler 45,525]

An employer is needed to apply for premium processing.

[jan22 3,056]

5 minutes ago, Family said:

Thank you , I failed to check the chart . So now I would be guessing that the attorney will do concurrent filing for the I-140 and I-485 

(I confess, I only looked at the chart after your post -- I knew it wasn't available a few years ago, but it could have changed!)

 

But even with concurrent filing he'll still need to be in a valid non-immigrant visa status until the I-140 is approved, which is unlikely, IMO. 

Edited April 13, 2022 by jan22

[Family 3,988]

Then   I- 140 can be consular  or he has the family exit and renter (?) 

[SalishSea 17,836]

On 4/12/2022 at 7:20 PM, Lifewithjoy said:

Well, the lawyer said it would be too risk  if he didn't do all the process with him and bla bla bla. So,  my brother got scared and have  decided to pay for the whole process with him. I'm just happy that I didn't have to pay a dime to a  lawyer for any of my immigration applications.

 

Thank you!

Sounds like he got taken for a ride.

[Boiler 45,525]

21 minutes ago, Jorgedig said:

Sounds like he got taken for a ride.

I simply can not tell, it might be possible.

 

EB2 NIW seems to be the flavor of our time the sheer number I have seen of late makes me suspicious 

 

Visiting another country with family and children and presumably all the other documentation strikes me as odd, I assume this was the plan but why not get everything sorted before hand?