Family based green card while pending EB3 I-485

[maltimonroe]

I am currently here in US on H1 since 2001 and my company filed for my I-140/485 which is pending with priority date of September 2003. The 485 has been filed for my family and I.

At the same time, my brother who is a US citizen who also applied under family based-India (brother/sister) with priority date of January 2002.

My question, when the date becomes current for family based green card and I accept that and forgo my employment based green card, Can Apply for my kids' green card under F2A category and will my kids get the original priority date January 2001? During that time period, what would be my kids' status? They are both over 21 but currently have EAD under my pending employment based I-485. If the date is current, how long does it take after I file for my kids to get their green card under F2A?

Any advise will be greatly appreciated.

 

[sarwarmd]

I am currently here in US on H1 since 2001 and my company filed for my I-140/485 which is pending with priority date of September 2003. The 485 has been filed for my family and I.

At the same time, my brother who is a US citizen who also applied under family based-India (brother/sister) with priority date of January 2002.

My question, when the date becomes current for family based green card and I accept that and forgo my employment based green card, Can Apply for my kids' green card under F2A category and will my kids get the original priority date January 2001?

You can not get the January 2001 priority date but the priority date on which you filed family based petition.

During that time period, what would be my kids' status?

Adjustment of Status. Even I had confusion over this title. One of my attorneys clarified me few years ago.

They are both over 21 but currently have EAD under my pending employment based I-485. If the date is current, how long does it take after I file for my kids to get their green card under F2A?

That depends on your luck. I guess that duration could be from couple of weeks to a year. I do not think, there is any direct anwer for this question.

Any advise will be greatly appreciated.

File your kids I-130s as soon as you get your GC. You can not file your kids I-130s if you are a just GC holder and your kids are married.

Please read this link and check the paragraph FAMILY-SPONSORED PREFERENCES

http://www.travel.state.gov/visa/bulletin/bulletin_5803.html

 

[Jackolantern]

You can't port an employment-based priority date to family-based or vice versa.

My question, when the date becomes current for family based green card and I accept that and forgo my employment based green card, Can Apply for my kids' green card under F2A category and will my kids get the original priority date January 2001?

You don't necessarily have to forgo the employment-based green card to pursue adjustment of status on the family-based one. You can file the family-based AOS and have both that and the EB I-485 pending at the same time, then get the green card based on whichever one reaches the approval stage first.

They are both over 21 but currently have EAD under my pending employment based I-485.

They might be able to adjust status as your derivatives based on the petition your brother filed, if the CSPA calculation puts their adjusted age below 21 when the FB priority date is current.

If the date is current, how long does it take after I file for my kids to get their green card under F2A?

They would be in F2B if you file I-130 for them, not F2A, since they're already over 21. There's a wait of over 8 years for F2B to become current.