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


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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