INA 245(a)(3) - 回复：I-140 NIW （DIY RFE） 今天批准了（附我的申报故事）

Please make me sure that I am correct on following facts:
"2007年底", you filed NIW I-140 and I-485, while I-485 was rejected;
"在第二个月", you filed EB-1a I-140, as well as I-485;
"2009年的8月", you EB-1a I-140 was denied;
"今天", NIW I-140 "批了".

Although your I-485 remains pending at present, and also you have an approved I-140, the I-485 will be denied eventually, according to INA 245(a)(3)

Sec. 245. [8 U.S.C. 1255]

(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1aa/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.

File new I-485 as soon as your PD becomes current.

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