Better Option?---Family Based Fourth Preference vs. Employment Based Third Preference

[kristinaconcepc]

Hi Rajiv,

My family has recently received a notification from the USCIS indicating that our petition via family-based fourth preference has already been approved (after 24 years!). I was five years old when my parents applied for this petition for our entire family. I am a Filipino citizen currently working for a company in the US on an H-1B visa and my company has already filed an EB-3 petition for me with a priority date of April 2008. I am now on my third stage for my green card processing but currently stuck given that priority date for my category is oversubscribed. I was wondering what my best immigration option is with my current situation. Just wanted to get some sense on the following issues:

1.) I was told that I am still eligible for the family based fourth preference option though I am already over 21 years old given that the petition was filed when I was way under 21! Is this accurate? As an FYI, I am also single and unmarried with no children.
2.) If I am eligible, how long will it approximately take before I get a greencard?
3.) If my parents decide to abandon the petition, will I still be eligible for it?

Many thanks and hoping for your reply and our further conversation on this.

Thanks,
kristina

 

[Triple Citizen]

I am assuming your uncle or aunt sponsored your father or mother.

A1: Depends on when the I-130 was applied, when it was approved and exactly how old you are.
A2: It should take a year, for both AOS and CP route.
A3: No. They can abandor their GC status only after getting it. If they decide not to even get their immigrant visas, you do not get one either.

1.) I was told that I am still eligible for the family based fourth preference option though I am already over 21 years old given that the petition was filed when I was way under 21! Is this accurate? As an FYI, I am also single and unmarried with no children.
2.) If I am eligible, how long will it approximately take before I get a greencard?
3.) If my parents decide to abandon the petition, will I still be eligible for it?

 

[Jackolantern]

If the family immigrant petition was really filed 24 years ago, and your CSPA-adjusted age is under 21, you can file an I-485 right now based on that family based petition, provided it has been less than a year since your PD was current or the I-130 was approved, whichever is later. Whereas it will probably be at least another couple of years before you can file I-485 based on the employer petition.

However, you should pursue both the employer-based and family-based if you can (don't tell the employer about the FB one until the card is in your hand). Because if your parents decide not to take up the green card, you won't get yours, which would leave you with nothing if you haven't continued with the employment-based process.