I filed my EB2 via PERM in June 2005. Due to the immigration visa quota, I am afraid I can't get my GC within next two years. So I plan to 140&485 again using EB1.
I consulted Xiaobaitu the following question in my previous post.
1. Can one two 140 and 485 concurrently? Xiaobaitu's answer: Yes
2. If so and I my EB1 485, Will the process of my EB2 485 be affected? Xiaobaitu's answer: no.
3. If I 485 via EB1, is the Name and security background Checking conducted again or the Name and security check for my EB2 can be applied to EB1 automatically? Xiaobaitu's answer: No.
Today, I called my attorney.
They told me the answers a little bit different from Xiaobaitu's answer:
They said:
If I want to file EB1 140, it is OK. But there will be some risk that USCIS ask me why I file another 140 case given that my previously filed case has been approved. But since my EB2 case and EB1 case belong to two different categories, the risk is low.
But I can't file two 485s because one person can't adjust immigration status twice and apply for GC twice. So, if I want to file another 485, I have to link my previous 485 case (EB2) to the new one (EB1). But the priority date of my previous case (EB2) can't be kept. I don't know if what he said is correct or not. Thus, they are not sure if I speed up my GC application.
Would you guys give me some advice?
Thanks a lot!!!