Reference letters with header mentioning "EB-2 NIW" to be used on a EB-1 application

[manipulable]

Hi,

As I was preparing my GC application under the category of EB-2 NIW I realised I could qualify for EB-1 and speed processing. It requires little adaptation, however my reference letters state that they were written "in support of my EB-2 NIW application". Asking for new reference letters to change the line "in support of xxx application" is not an option... It bothers me that the USCIS may get picky and deny my I-140 application under the category of EB-1 based on the fact that the letters were written in support of a EB-2 NIW application. Other than the header the content of the letters does well support an EB-1 case.

Would it be enough to include an explanation on why I am applying for EB-1 while the letters mention EB-2 NIW in the header? or regardless what I do on my end this would automatically lead the USCIS to deny the I-140? How risky does this feels?

Thank you!

Mario

[sandhu1981]

Short answer-No. DO NOT DO THAT

[cupoftea]

Hi,

As I was preparing my GC application under the category of EB-2 NIW I realised I could qualify for EB-1 and speed processing. It requires little adaptation, however my reference letters state that they were written "in support of my EB-2 NIW application". Asking for new reference letters to change the line "in support of xxx application" is not an option... It bothers me that the USCIS may get picky and deny my I-140 application under the category of EB-1 based on the fact that the letters were written in support of a EB-2 NIW application. Other than the header the content of the letters does well support an EB-1 case.

Would it be enough to include an explanation on why I am applying for EB-1 while the letters mention EB-2 NIW in the header? or regardless what I do on my end this would automatically lead the USCIS to deny the I-140? How risky does this feels?

Thank you!

Mario

it is better to get a new letter signed for your EB1 case!

[alpha_4546]

How much is the difference in processing time for `EB-2 NIW` vs `EB-1`?

[manipulable]

My EB-1 application got approved despite the header in the reference letters.

I requested premium processing. In almost 15 days I got notification of approval without any RFE.

[alisher]

Help regarding I-765

I have pending I-140 NIW. Now am applying for I-765, I-485 for EAD+AP. My wife had EAD as J2 visa status, her EAD application is pending now. What I can write in form I-765 now for pending NIW case:
1) Permission to accept employment? or Renewal of my permission to accept employment?
2) Have you previously filed Form I-765? (Do need to write yes and mention about EAD she has as J2 visa status)
3) Her category will be same as mine (c) (9) ?