Reverting back to Employment Based Visa from Family Based Visa?

[SIMAR]

My friend changed from Employer based visa to Family Based Green Card after getting married to US citizen. She had requested USCIS to keep the Employment Based Green Card pending and have filed Greed Card thru husband who is US citizen.

Will this be possible for her to restart her Employment Based Green Card again ?

Not sure if her Employment based application is cancelled? Hope not


The last update she got from USCIS is that her employment based green card application was transferred to same branch and is pending, where USCIS has kept her Family based application.

She is having difficulty in this marriage and is looking to stand by herself.

Any suggestion will be very helpful.

Thanks

[GotPR?]

First thing first.. She needs to find out the status of EB greencard.

[LucyMO]

these are two independent processes, and EB process would not be cancelled simply because she filed for a family based GC.

[SIMAR]

She told me that the USCIS sent the notice for her EB Green pending and its transferred to same center as family AOS application. But her Family based GC interview appointment letter has come already. I think its a good thing that she has notified USCIS of her employment based application at time of filing family based GC.

By cancelling the family based GC would this impact her AOS or following processings like getting to permanent resident and then to apply for citizenship? Taking into considertation that she would only rely on Employment Based Green Card only.

Any suggestion would be greatly appreciated.

Thanks

[LucyMO]

if she is going through a difficult time in her marriage, I'd advise counseling and still going to the interview for her marriage-based AOS.
She could also make an infopass and find out the status of her EB application before she makes any haste decisions.

[Jackolantern]

Originally Posted by LucyMO

if she is going through a difficult time in her marriage, I'd advise counseling and still going to the interview for her marriage-based AOS.

The problem is that a successful interview will only result in a 2-year conditional green card, and would result in the employment-based AOS being terminated. So if her marriage doesn't last the 2 years, she could be left with nothing and have to leave the US.

She should postpone the interview and then think really long and hard before deciding whether to cancel it or attend it, including trying to revive the EB process.

[LucyMO]

that's why she needs to make an infopass appt now, before the AOS interview.

[SIMAR]

thanks Lucy and Jackolan and everyone for your kind and prompt suggestions..
I will advise sameway..
Between what is InfoPass appointment. I will google thru it, but if there is a resource site that you can please pass on will be very helpful.
Definetly it will be great if her marriage can work - but for only marriage reason..
Thanks for your wishes and thoughtful advise.

Please share any advise if you come across any helpful info

[LucyMO]

www.uscis.gov

[SIMAR]

Thank you very much Lucy for all advise and concern.