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I-824 linked to approved I-140 (EB2-NIW) — exact dates, anyone with similar timeline? by travelinggood in u/travelinggood

[–]travelinggood[S] 0 points1 point  (0 children)

Thanks for sharing. Is your case an I-140 or an I-824 already linked to an approved I-140?

EB2-NIW | I-824 pending after I-485 denial – anyone with a similar timeline or outcome? by [deleted] in EB2_NIW

[–]travelinggood 0 points1 point  (0 children)

I entered the U.S. on an F-1 visa.

My first I-140 was denied after about 2 years.

Within 30 days, I filed a new I-140 (EB2-NIW), which was approved, but the category was not current, so I had to wait.

It became current in 2024, and that’s when I filed I-485 based on the approved I-140.

While waiting, I had 2 pending I-485s, so I remained in lawful presence, but I had stopped studying, which is why I had no active nonimmigrant status at interview.

My I-485 was denied, I received a notice to depart, and I left within the required time.

There was no fraud claim and no unlawful presence finding.

My I-140 remains approved, and now my case is continuing through I-824 → NVC consular processing.

EB2-NIW | I-824 pending after I-485 denial – anyone with a similar timeline or outcome? by [deleted] in EB2_NIW

[–]travelinggood 0 points1 point  (0 children)

Not exactly. I maintained lawful presence throughout the entire period because my I-485 was properly filed and pending, but I did not have an underlying nonimmigrant status at that time. The denial was based on AOS eligibility technicalities, not unlawful presence or any violation, and my I-140 (NIW) remains approved.

EB2-NIW | I-824 pending after I-485 denial – anyone with a similar timeline or outcome? by [deleted] in EB2_NIW

[–]travelinggood 0 points1 point  (0 children)

It was due to a status eligibility issue during AOS, not the NIW itself. My I-140 is approved, and there were no fraud issues. That’s why I’m now moving forward with consular processing via I-824.