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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 10-14-2008, 12:37 AM
Junior Member
Priority Date
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N/A
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EB3
I140 Mailed Date
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India
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Labor Certification
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Post simultaneous application for family based green card and employment based green card

Hi,
I am currently on H1B. my sister is US citizen and she is willing to sponsor my green card. my employer is also willing to apply for my green card.

my question is can i apply for family based green card and the employment based green card simultaneously? Would there be a problem later on with it?

Regards,
Anand
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  #2 (permalink)  
Old 10-14-2008, 08:12 AM
Senior Member
Priority Date
:
Feb-08
Category
:
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I140 Mailed Date
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05/13/2008
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India
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I485 Mailed Date
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Default

Its better to be in the employment line, Family line takes really long time (4th preference currently the dates are in 1997) while employment ones are in 2001/2003
__________________
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~
PD EB2 Feb 2008
Labor Approved
I-140 Approved
I-485 : Yet to file
Waiting Priceless
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~
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  #3 (permalink)  
Old 10-14-2008, 11:49 AM
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Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
04/26/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
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08/08/2007
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Default ok to file in both categories.

It is ok to apply in both category. when i was filing 485 (EB2), there is question if any other 485 petition is pending? The answer is "NO" even i have applied (I-130) under Family based GC. My lawyer said filing I-130 (for family based GC) is not consider as another petition (485) for GC. So it is ok to apply in both, so we do not miss chance if Employment based get failed incase, you know this is USCIS, can do anything at anytime.

i'm in the same boat. i applied for employment base in Dec 2004 and family based in May 2006 through my sister.
__________________
TSC EB3-I Dec 2004.
I-140 Approved May 11 2007
I-485 RD 08/10/07, ND 10/04/07
EAD/AP rec Oct 11 2007
H1B ext till Aug 2010.
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Last edited by Dipika; 10-14-2008 at 03:55 PM.
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  #4 (permalink)  
Old 10-14-2008, 01:23 PM
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I140 Mailed Date
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I485 Mailed Date
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Join Date: Oct 2008
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Thumbs up thanks for your inputs

Thanks for the reply.

I will try out both the routes and see what happens, i understand its a long process. would keep updating on my status.

Regards,
Anand
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  #5 (permalink)  
Old 10-15-2008, 02:58 PM
Member
Priority Date
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Jul-06
Category
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EB2
I140 Mailed Date
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08/13/2006
Chargeability
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India
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I-485
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Default How do we use this route if you are married?

I am in the similar boat. I have my employment based 485 in process and waiting! I am eligible to apply for GC via my sister. I am married. My question is, let's say we take the family based GC route, does it give GC only to me as I am eligible as brother? Can we apply for GC for my wife as well?
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  #6 (permalink)  
Old 10-15-2008, 05:59 PM
Junior Member
Priority Date
:
N/A
Category
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EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Oct 2008
Posts: 22
ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of ahiyer has much to be proud of
Exclamation How do we use this route if you are married?

What i understood from the family based green card process is that your sibling needs to apply GC for you and seperate petitions are not required for your spouse. Please refer this link.

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Regards,
Anand
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