u/Ecstatic_Papaya_993

Hi everyone,

I am from ROW, and EB-2 is currently current. I filed an EB-2 NIW package on May 28, 2026, including I-140, I-485, I-765, and I-131. My spouse filed as my derivative with I-485, I-765, and I-131.

Now my employer’s PERM has been approved, and they are filing the PERM-based I-140 with premium processing. They normally do concurrent I-140/I-485 filing, but their immigration team is concerned that filing a second I-485 while my NIW-based I-485 is already pending could confuse USCIS or create delays.

My NIW attorney said two I-485s can generally be pending at the same time if each is based on a different immigrant petition, but that dual I-485s may not speed things up and could add complexity. They suggested that once the PERM-based I-140 is approved, I may be able to request a transfer of underlying basis from the pending NIW I-485 to the employer PERM-based I-140 instead of filing a second I-485.

Has anyone been in this situation?

Would you file a second I-485 under the employer I-140, or keep the existing NIW-based I-485 and request transfer of underlying basis after the PERM I-140 approval?

Also, would transferring the underlying basis affect my spouse’s pending I-485-based EAD/AP, which was already filed with the NIW package?

Thanks.

Hi everyone,

I’m trying to understand the best strategy for my green card process and would appreciate insight from anyone who has dealt with a similar situation.

Here is my situation:

I am from ROW and EB-2 is currently current for my country. My employer has completed the PERM process, and the PERM has been approved. They are now planning to file the PERM-based I-140 with premium processing. My employer typically does concurrent filing of I-140 and I-485.

Separately, I already filed an EB-2 NIW package on May 28, 2026, including:

I-140

I-485

I-765

I-131

My spouse also filed as my derivative applicant, including I-485, I-765, and I-131.

My employer’s immigration team is concerned that if we file another I-485 under the PERM-based I-140, having two I-485s pending could confuse USCIS and potentially cause delay, rejection, or denial.

My NIW attorney said that, in general, two I-485s can be pending at the same time if each is based on a separate immigrant petition, but that dual filings often do not speed things up and may create extra processing complexity. They also said one possible approach is to keep the existing NIW-based I-485 pending and, once the employer PERM-based I-140 is approved, request a transfer of underlying basis from the NIW I-140 to the employer PERM-based I-140 instead of filing a second I-485.

My questions are:

1. In this situation, is it generally better to avoid filing a second I-485 and instead interfile/transfer the underlying basis after the PERM-based I-140 is approved?

2. Does filing a second I-485 actually increase the risk of USCIS confusion, delays, RFEs, or administrative issues?

3. If my spouse’s I-765 was already filed with the NIW-based I-485 on May 28, would transferring the underlying basis later affect her pending EAD/AP processing?

4. For a derivative spouse who needs work authorization as soon as possible, is the existing I-485-based EAD likely the fastest path compared with filing another I-485 package under the employer case?

5. Has anyone successfully transferred the underlying basis from a pending NIW-based I-485 to a PERM-based I-140 after the employer I-140 was approved?

I know this is attorney-specific and case-specific, but I’m trying to understand practical experiences and risks before deciding whether to file a second I-485 or keep the existing I-485 and transfer the basis later.

Thanks in advance.

Hi everyone,

I’m trying to understand the best strategy for my green card process and would appreciate insight from anyone who has dealt with a similar situation.

Here is my situation:

I am from ROW and EB-2 is currently current for my country. My employer has completed the PERM process, and the PERM has been approved. They are now planning to file the PERM-based I-140 with premium processing. My employer typically does concurrent filing of I-140 and I-485.

Separately, I already filed an EB-2 NIW package on May 28, 2026, including:

I-140

I-485

I-765

I-131

My spouse also filed as my derivative applicant, including I-485, I-765, and I-131.

My employer’s immigration team is concerned that if we file another I-485 under the PERM-based I-140, having two I-485s pending could confuse USCIS and potentially cause delay, rejection, or denial.

My NIW attorney said that, in general, two I-485s can be pending at the same time if each is based on a separate immigrant petition, but that dual filings often do not speed things up and may create extra processing complexity. They also said one possible approach is to keep the existing NIW-based I-485 pending and, once the employer PERM-based I-140 is approved, request a transfer of underlying basis from the NIW I-140 to the employer PERM-based I-140 instead of filing a second I-485.

My questions are:

1. In this situation, is it generally better to avoid filing a second I-485 and instead interfile/transfer the underlying basis after the PERM-based I-140 is approved?

2. Does filing a second I-485 actually increase the risk of USCIS confusion, delays, RFEs, or administrative issues?

3. If my spouse’s I-765 was already filed with the NIW-based I-485 on May 28, would transferring the underlying basis later affect her pending EAD/AP processing?

4. For a derivative spouse who needs work authorization as soon as possible, is the existing I-485-based EAD likely the fastest path compared with filing another I-485 package under the employer case?

5. Has anyone successfully transferred the underlying basis from a pending NIW-based I-485 to a PERM-based I-140 after the employer I-140 was approved?

I know this is attorney-specific and case-specific, but I’m trying to understand practical experiences and risks before deciding whether to file a second I-485 or keep the existing I-485 and transfer the basis later.

Thanks in advance.

Hi everyone,

I’m trying to understand the best strategy for my green card process and would appreciate insight from anyone who has dealt with a similar situation.

Here is my situation:

I am from ROW, and EB-2 NIW is currently current for my country. My employer has completed the PERM process, and the PERM has been approved. They are now planning to file the PERM-based I-140 with premium processing. My employer typically does concurrent filing of I-140 and I-485.

Separately, I already filed an EB-2 NIW package on May 28, 2026, including:

I-140

I-485

I-765

I-131

My spouse also filed as my derivative applicant, including I-485, I-765, and I-131.

My employer’s immigration team is concerned that if we file another I-485 under the PERM-based I-140, having two I-485s pending could confuse USCIS and potentially cause delay, rejection, or denial.

My NIW attorney said that, in general, two I-485s can be pending at the same time if each is based on a separate immigrant petition, but that dual filings often do not speed things up and may create extra processing complexity. They also said one possible approach is to keep the existing NIW-based I-485 pending and, once the employer PERM-based I-140 is approved, request a transfer of underlying basis from the NIW I-140 to the employer PERM-based I-140 instead of filing a second I-485.

My questions are:

1. In this situation, is it generally better to avoid filing a second I-485 and instead interfile/transfer the underlying basis after the PERM-based I-140 is approved?

2. Does filing a second I-485 actually increase the risk of USCIS confusion, delays, RFEs, or administrative issues?

3. If my spouse’s I-765 was already filed with the NIW-based I-485 on May 28, would transferring the underlying basis later affect her pending EAD/AP processing?

4. For a derivative spouse who needs work authorization as soon as possible, is the existing I-485-based EAD likely the fastest path compared with filing another I-485 package under the employer case?

5. Has anyone successfully transferred the underlying basis from a pending NIW-based I-485 to a PERM-based I-140 after the employer I-140 was approved?

I know this is attorney-specific and case-specific, but I’m trying to understand practical experiences and risks before deciding whether to file a second I-485 or keep the existing I-485 and transfer the basis later.

Thanks in advance.