RFE - NIW

[Boiler 46,757]

What is your second application 

[appleblossom 3,765]

1 hour ago, Sixt said:

Sorry a bit busy today.

 

"Adjustment of Status applicant (i130) – pending Form I-485 (previously B-2 visitor visa)." 

 

This is my current status which I believe I also shared in that previous thread. Maybe I was not understood. Or maybe I didn't explain it well.

Presently I have double application running concurrently. Maybe that's what's causing the confusion. Please anymore ask.

You didn’t share that on the previous thread, you never mentioned the B2. Do you mean I-140? The confusion is how you’re adjusting status as you don’t seem to be eligible to do so. Have you overstayed your B2? 

Edited Tuesday at 10:21 PM by appleblossom

[Boiler 46,757]

Trying to remeber when EB2 was nearly current, well within 6 months

[appleblossom 3,765]

50 minutes ago, Boiler said:

Trying to remeber when EB2 was nearly current, well within 6 months

It’s certainly not now. Current date for filing for ROW is August 2023 and it seems the OP has only just filed I-140, so isn’t likely to be eligible to file I-485 for at least another year. 

Edited yesterday at 01:18 AM by appleblossom

[appleblossom 3,765]

On 4/22/2025 at 10:59 AM, Sixt said:

That has already been resolved by my lawyer back then, and USCIS did accept the i765 application and also has sent me a receipt notice. 

 

@Sixt, did this lawyer tell you that you can’t adjust status? If this was a genuine lawyer that you spoke to then I’m confused by the advice you’ve been given thus far. It seems you have no option but to leave the US (asap - don’t overstay your B2 if you haven’t already), and apply via consular processing. Forget the I-485 and certainly forget the I-765 as it’s not valid, you have no grounds for it from what you’ve said.

Edited 22 hours ago by appleblossom

[Boiler 46,757]

I keep on thinking there is something I am missing but no idea what.

[appleblossom 3,765]

3 hours ago, Boiler said:

I keep on thinking there is something I am missing but no idea what.

Ditto! 

[Sixt 0]

Well, Thank you everyone. Obviously, my explanation is still not understood but never mind all. I am not seeking assistance for status or no status. That is already taken care of, and response has been received already.  I just wanted to know if I could change my NIW application from Risk Analyst to Risk Assessor and I have been answered already for that. Thanks all once again. 

[appleblossom 3,765]

9 hours ago, Sixt said:

Well, Thank you everyone. Obviously, my explanation is still not understood but never mind all. I am not seeking assistance for status or no status. That is already taken care of, and response has been received already.  I just wanted to know if I could change my NIW application from Risk Analyst to Risk Assessor and I have been answered already for that. Thanks all once again. 

We’re just trying to help! It doesn’t seem that it’s ´been taken care of’ at all. You’ve talked in your other thread about how you’ve applied for adjustment of status and submitted a I-485 but unless there’s some info you’ve forgotten to tell us you are NOT eligible to do so. And it doesn’t seem that your ‘lawyer’ has made you aware of that. Only those whose Priority Dates are current can apply for AOS if they are in the US, and yours will not be current for a long time. You must go back to your home country asap and continue via consular processing, there is no other option for you. 

 

Frankly, changing your job title is the least of your worries which is why we’ve been focusing on your plans to adjust status - if you go wrong you could end up with a ban from the US, so then your NIW application will be dead anyway. 
 

As I said, we’re really just trying to help and make sure you don’t risk your EB2 application and future immigrant status with a big mistake. I’m not sure why you’re being so defensive about it. 

Edited 8 hours ago by appleblossom

[Sixt 0]

Oh no, Clearly I did not explain/understand well. I do know you are trying to help. I appreciate. Let me just simplify it.

I am currently under i130, so I am not out of status 

but I adjusted it to i360 (which is pending approval by this year-hopefully)

So, I recently learnt I could even still apply again for employment based (EB2)- I didn't know I could do this! because I did not know much about it or that I could do multiple applications!!. That was why I was asking whether I need to submit another i485. I have already gotten the answer that I do not need to submit any i485. You see why I wasn't so bothered about status now. I am seriously looking for technical assistance on the EB2 because I am now realizing that it's a serious/technical stuff. Pardon my absent mindedness as I am fully focused on this EB2.  I heard if you get it right it's pretty fast.!! I would book an appointment with them lawyers and take it up from there. Thanks.

 

[appleblossom 3,765]

1 hour ago, Sixt said:

Oh no, Clearly I did not explain/understand well. I do know you are trying to help. I appreciate. Let me just simplify it.

I am currently under i130, so I am not out of status 

but I adjusted it to i360 (which is pending approval by this year-hopefully)

So, I recently learnt I could even still apply again for employment based (EB2)- I didn't know I could do this! because I did not know much about it or that I could do multiple applications!!. That was why I was asking whether I need to submit another i485. I have already gotten the answer that I do not need to submit any i485. You see why I wasn't so bothered about status now. I am seriously looking for technical assistance on the EB2 because I am now realizing that it's a serious/technical stuff. Pardon my absent mindedness as I am fully focused on this EB2.  I heard if you get it right it's pretty fast.!! I would book an appointment with them lawyers and take it up from there. Thanks.

 

 

OK, so sounds like you should just forget the EB-2, I’m not sure why you’ve going down that route if you have another option that’s already in the works (again, you can’t adjust status/file I-485 from the EB-2/I-140).

 

So above you mentioned B-2 visa. Can you give us a timeline of your various applications? When was the I-130 submitted/approved? When was the I-360 submitted and what’s the basis for it? When did you file I-485? And when did you enter on the B-2?

 

 

Edited 3 hours ago by appleblossom

[Sixt 0]

Ok, Thanks a lot. I am already aware that I can't adjust/file i485 from the EB2 as I stated earlier. I entered via B-2 and then i130. Going down the EB2 route is just my choice. All other questions about timing and so on are personal infor that I share only with my lawyers and honestly is completely irrelevant to my main ask. I hope you can let the matter rest now. Thanks for your concern anyways.