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

[SalishSea 17,836]

2 hours ago, Boiler said:

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?

Yet more ways to try to circumvent the queue....

[Lifewithjoy 19]

On 4/12/2022 at 9:57 PM, jan22 said:

(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. 

For everything I read and the lawyer confirmed, the EB2 niw filled together with the adjust of status gives him the right to wait here while his case is being processed. If it was the EB-3, he couldn't do it together.

[Lifewithjoy 19]

On 4/12/2022 at 8:52 PM, Boiler said:

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

I don't know how to explain how it works. I know that he will be out of status, but not illegal because he will have a pending adjust case. If the I-140 is approved, it kinds goes back, something like that. Another day I watched a video and a lawyer explained very well how it works.

[Lifewithjoy 19]

On 4/15/2022 at 3:35 PM, Boiler said:

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?

Well, he came to visit before so I had not idea that he would want to stay this time. If he had told me about his intentions I would had talked sense into him. But now...let's just see what will happen.

[Timona 4,207]

So, your brother came with his family to visit, and all of a sudden found an employer who's willing and ready for EB2? This is odd..is this a family business? I'm trying to understand the dynamics here. 

 

Be careful with lawyers. They just want $$. Should this take long, he'll say it's not his fault, yet from the onset he knew it wasn't gonna take 2 minutes..

 

By the way, unless you're a USC, you have no right to US. That's the same as seeking entry..only USC are guaranteed. 

Edited April 20, 2022 by Timona

[Family 3,988]

I then E-B2 with Premium Processing ( per chart ..2 weeks decision and wiggle room til I-140 approved) ..but will still ask for NIW ( so no perm ) self petition . I think. 
Very happy your brother went w attorney, lol! 

[Family 3,988]

Oops. Link ( for my thoughts) https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

[jan22 3,056]

9 hours ago, Family said:

I then E-B2 with Premium Processing ( per chart ..2 weeks decision and wiggle room til I-140 approved) ..but will still ask for NIW ( so no perm ) self petition . I think. 
Very happy your brother went w attorney, lol! 

The March announcement of improved processing times (https://www.uscis.gov/newsroom/news-releases/uscis-announces-new-actions-to-reduce-backlogs-expand-premium-processing-and-provide-relief-to-work) says they are phasing in changes -- it says they are "planning to begin" with EB-1 and EB-2 including EB-2 NIW.  But, it doesn't indicate when that will be in place.  The link in the announcement for more information on premium processing takes you to the same page as the link I previously posted, which states that premium processing for EB-1 NIW is "Not yet available" (https://www.uscis.gov/forms/all-forms/how-do-i-request-premium-processing).

Edited April 20, 2022 by jan22

[Family 3,988]

Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver

EB-2

Sept. 25, 2006, and reinstated June 29, 20093

[Family 3,988]

I will stop guessing because everything leads me premium processing expansion being sooo good bringing in highly skilled individuals. Good luck to OP family , keep us updated. It’s exciting 
Thank you 

[jan22 3,056]

11 hours ago, Family said:

Members of professions with advanced degrees or exceptional ability not seeking a National Interest Waiver

EB-2

Sept. 25, 2006, and reinstated June 29, 20093

But the section of the chart right below this one is for the EB-2 seeking a NIW -- and is where it says premium processing is not yet available.

 

On another point, I stand corrected on having to be in status throughout the adjustment of status to an EB-2.  It did not in the past, but it is now included with those categories that result in an authorized stay during the processing of the petition and adjustment of status.

[Family 3,988]

15 minutes ago, jan22 said:

But the section of the chart right below this one is for the EB-2 seeking a NIW -- and is where it says premium processing is not yet available.

 

On another point, I stand corrected on having to be in status throughout the adjustment of status to an EB-2.  It did not in the past, but it is now included with those categories that result in an authorized stay during the processing of the petition and adjustment of status.

Mystery solved on status during adjustment , thank you. They would have to go NIW , otherwise need the Labor Cert ….so no rush, no premium. I was still way off telling OP I-485 can be done after I-140 approval