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Does rejection of the EB1 application hamper the approved EB-2 application in any way?

16 Dec 2013
Posted at 14:13h in FAQs by

Answer:

Normally, an EB1 denial would not impact an approved EB2 application, even assuming the EB2 was filed by the same company as the EB1. The only issue would be if there was a status problem created due to reliance on an EB1 petition filed with an I-485. But, otherwise, if there is a nonimmigrant status in place, and the EB1 denial is due to the substance of the case (not fraud etc.), then the two cases are separate and a person could still qualify for EB2 in this situation. (16.Dec.2013)

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