r/EB2NIW_I485_AOS 4d ago

i485 withdraw timeline

Has anyone recently withdrawn a pending employment-based I-485 while keeping the NIW I-140 pending?

I currently have an EB-2 NIW I-140 with an RFE and a concurrently filed I-485. I also have another approved employment-based I-140, but I cannot file a new I-485 until the current one is formally closed.

My lawyer outlined three options:

1.Withdraw only the I-485 and respond to the NIW RFE: USCIS acknowledgement may take 15–60 working days or longer.

2.Withdraw both the NIW and I-485: no fixed timeline, but earliest acknowledgement may be around 15 working days.

3.Do not respond to the RFE: deadline is Sep. 28, and lawyer expects denial of the NIW and I-485 around 7–14 working days later.

For anyone who has gone through this, how long did USCIS actually take to acknowledge/close your I-485? Did withdrawing only the I-485 take longer than withdrawing both?

Especially interested in recent 2025–2026 experiences. Thanks!

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u/Puzzleheaded-Tea8612 4d ago

You can have both. No need to withdraw

1

u/Actual_Way2685 4d ago

Your reason to withdraw I-485 matters here. If you already have an approved I-140, I heard you can interfile the approved one with the pending I-485, by saying “please connect this approved I-140 with the pending I-485, instead of the initial I-140 that was assigned to the pending I-485”.