回复：被律师搞糊涂了, 请皮匠，863各位老师帮忙!

我先申请了NIW, 2007年递了485。去年公司帮申请的perm based 140也批了。公司的140上填了我的A Number. 今天问公司律师，说我的485不可以从NIW transfer 到 Perm EB2,得重新. 可是我记得Pijiang老师的博客里说可以的。请哪位高手帮我一下.

下面是律师的原话：
"However, based on our firm's experience and recent USCIS agency policy,
we do NOT find it to be a legally viable strategy to try and "switch"
your pending AOS based on the approved NIW to your PERM/I-140.
Furthermore, we have heard directly from officers at USCIS that they
have refused to honor such requests."
- What do you get by "485从NIW transfer 到 Perm EB2"?
http://blog.wenxuecity.com/blogview.php?date=200802&postID=19212#2Xfer

"what this means is that in addition to having to file a new AOS application, you MUST be in underlying H-1B status in order to be legally eligible to do so. This is because the law states that a Parolee (person who uses Advance Parole to enter the US) is NOT statutorily eligible for Adjustment of Status based on employer sponsorship. Meaning, you must remain in H-1B status to file a second
application based on the approved PERM/I-140."
- Ask your attorney to explain the very first sentence of INA 245(a), which reads
"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"

What a poor little lab rat.
http://blog.wenxuecity.com/blogview.php?date=200807&postID=8347#LawyerTopic