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

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  #1 (permalink)  
Old 01-05-2009, 12:41 AM
Junior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
07/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
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Join Date: Jan 2009
Posts: 2
kamand is on a distinguished road
Default Interfile Employment based 485 with Approved 130 (employment to family)

Hi,

I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.

Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?

Please share your experience on this. Any advice will be greatly appreciated.

Thanks.
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  #2 (permalink)  
Old 01-05-2009, 09:32 AM
Banned
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/05/2006
Chargeability
:
Poland
Processing Stage
:
I-485
I485 Mailed Date
:
06/31/2007
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Join Date: Jan 2006
Posts: 683
glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future glus has a brilliant future
Default

NO, you cannot interfile. A Family-based priority date, cannot be used in connection with employment-based. If you are married to a U.S. Citizen, and you already have an approved I-130, you can apply to adjustment of status immediately through the U.S. Citizen. You file AOS now and it may get approved much faster than the employment-based. Once you file the new I-485 through family, you generally should withdraw the employment-based. But wait until you receive a new EAD via the new I-485.
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  #3 (permalink)  
Old 01-06-2009, 01:19 AM
Junior Member
Priority Date
:
Jun-06
Category
:
EB2
I140 Mailed Date
:
07/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/16/2007
Compare
Join Date: Jan 2009
Posts: 2
kamand is on a distinguished road
Default

Thanks "glus" for the information.

I received the below advice from an attorney in another forum.

"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."

According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?

Thanks.
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  #4 (permalink)  
Old 01-06-2009, 11:23 AM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
11/20/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2007
Posts: 416
pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default

just ask your attorney ..if its possible to move from EB to FB category.. you should get ur answer..
better to go get a paid consultaion with murthy..or someone else..
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