National Interest Waiver (NIW)
If EB1B is denied, does it prevent me from going for the NIW?
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Post by on 06 Jan 2014
I am prepared to take the challenge to go for an EB1B, do let me know what are the consequences of a denied EB1B. Does it prevent me from going for the NIW (if my EB1B is denied)?
Post by on 06 Jan 2014
If your I-140 filed under EB-1B is denied, you can file a new I-140 under the same category. There is no limit on how long you must wait to file a new I-140 under the same category. Though, it may be best to wait until your credentials have improved. You can apply under EB-2 NIW if your EB-1B case is denied. All I-140s are adjudicated individually. So, a denial of one I-140 should have no effect on a subsequently filed I-140. But, we would recommend filing your EB-2 NIW case first, in order to get the earliest possible priority date.
