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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 01-14-2014, 02:28 AM
jimmymorr jimmymorr is offline
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Default EB2I PERM PD port to EB2 NIW

Need advice from gurus or anyone who has been in similar situation:

My case: EB2I PD March 2009 I140 PERM approved. I485 pending. my employer sponsored my EB2I.

Situation: I am planning to move to India for 1 year due to family reasons and will have to resign from my company. I am planning to apply under NIW (Phd, 15 publications, 10+ conferences, 1 patent, reviewer on two journals, 105 citations) and EB1A before I leave. My lawyer (different from my company's lawyer) says I have strong NIW case but borderline EB1A. My query is:
1. For my NIW petition can I port my EB2 priority date of March 2009 from my approved I140?
2. What if my employer revokes my I140 after I leave the company. Can I still keep the old priority date and port to NIW?

Appreciate any responses.
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