If an application is pending under EB2 (approved I-140), and the applicant decides to port to EB1, would this have a negative impact on the pending EB2 application?

Answer

Normally, a person would not do an interfiling of an EB1 case into an EB2 (or an EB2 into an EB3) unless the “better” category I-140 was approved. So, the EB2 case stays in place until there is something better to use for the interfiled, replacement I-140. (12.Jan.2015)

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