Do You Need a Second I-140 If EB2-NIW Is Already Approved?

Описание: #eb2niw #greencard #i140

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In this smart episode, Attorney Justin Rivera from Wasden Law breaks down a common green card situation faced by professionals:

"I already have an approved EB2-NIW I-140 with a 2023 priority date and my I-485 is pending. But now my employer’s PERM just got approved in 2025. Should I still file another I-140 based on that, or am I already covered under my EB2-NIW path?"

Justin explains how to decide whether to file a second PERM-based I-140 or continue with your existing EB2-NIW green card track—and what makes one option more useful than the other based on your goals, job security, and processing speed.

He also shares how your H-1B extension through 2028 and pending I-485 give you flexibility, and whether the new PERM-based petition could give backup insurance in case anything goes wrong with the NIW.

Key Topics Covered in the Video:

Do you need to file a PERM-based I-140 after EB2-NIW approval?

Can you file multiple I-140s and keep the same priority date?

Is there any benefit to filing another I-140 if I-485 is already pending?

What happens to your I-485 if your PERM-based I-140 gets approved later?

Strategic reasons to file or skip the second I-140

References:

USCIS EB-2 NIW Guidance: https://www.uscis.gov/working-in-the-...

USCIS I-485 Pending Info: https://www.uscis.gov/green-card/gree...

DOL PERM Certification Info: https://www.dol.gov/agencies/eta/fore...

Multiple I-140 Filings Discussion – USCIS Policy Manual: https://www.uscis.gov/policy-manual

⚠️ Disclaimer:
This video is for informational purposes only and may include news, expert opinions, personal experiences, or attorney commentary. It does not constitute legal advice. Any legal insights provided are general in nature and may qualify as attorney advertising. Viewing this content does not create an attorney-client relationship. Always consult a licensed professional for personalized immigration guidance.