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Should I file under EB-1?

2020-05-09 09:32:24
5 431
Posted by Wyatt 4 years ago
#1
Hello! I am from China and my wife is from Taiwan. I recently learned that EB-1 has retrogressed so I'm not sure if I should file under EB-1. Should I still do so? What's the point in filing EB-1 if I can't file I-485?
Posted by beautifulbear314 4 years ago
#2

to Wyatt:

Since your is from Taiwan, you can use her priority dates, which are current under EB1 and EB2. I think it’s something called “cross chargeability.” I would probably go for NIW instead of EB1 if I were you. I’ve heard that it’s easier to get NIW I-140 approval than EB1.
Posted by Wyatt 4 years ago
#3

to beautifulbear314:

Is NIW similar to EB1? All of my friends did EB1 so I'm not sure about that category...
Posted by Beverly 4 years ago
#4

to beautifulbear314:

EB1 priority date isn't current for any country right now....Though EB1 retrogression is longer for China and India
Posted by Beverly 4 years ago
#5

to Wyatt:

No NIW is a type of EB2. So it's much easier to get approval for NIW. Plus, since your wife is from Taiwan and Taiwan's EB2 PD is current, you can file 485 right after your 140 is approved. Really, there isn't any reason you should do EB1 right now (harder, longer wait). You're Chinese/Indian friends probably did EB1 because NIW is super retrogessed for China and India. But Taiwan is considered "not China" for USCIS
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