With an approved I-140 under EB2, is it possible to switch to EB1(b)?

Answer

If a person qualified under EB1, the fact that they had an approved EB2 I-140 would not prevent the EB1 filing. The EB2 I-140 does not necessarily even contradict the EB1 filing for an outstanding professor / researcher. It could be the exact same position, just approached through the PERM process rather than the EB1 filing. (26.Jan.2015)

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