davido kay
Feb 14, 2024
Approved I-140 and recent PERM
Hello, I'm seeking clarity on my situation. I have an approved I-140 from a self-petitioned EB2-NIW with a priority date of May 2023. Recently, my employer filed a PERM for me in February 2024. Given this situation, can I proceed to submit my I-485 adjustment of status when my EB2-NIW becomes current for my approved I-140? Or do I need to wait for the PERM process to be approved again? I'm concerned if this PERM filing might prevent me from filing when EB2 becomes current for the Rest of the World (ROW). Just wondering if I should ask them to withdraw the PERM.
#I-140
#EB2
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N FFeb 14, 2024
@davido kay you can file I-485 based on approved I-140 when your dates become current. you don't need to wait for your perm or withdraw it. no affect on any your applications at all.
j aFeb 14, 2024
you don’t need perm for EB2 NIW.
davido kayFeb 14, 2024
My EB2 NIW-approved I-140 has a priority date of May 2023. The PERM was just filed in February 2024, so I assume the NIW has an early priority date, making it likely to become current sooner. I'm considering the PERM process as potentially unnecessary, but I'm unsure why my employer proceeded with filing it.
