Changing from employment based to family based???

[testina]

Hello, Is anyone here in the same situation as mine?

My situation is:

1) Empolyment based GC petition July,2005.
2) AP, EAD, I-140 all approved around October, 2005.
3) Now, I-1485 has been pending for over 180 days.
4) I've been paroled in to the U.S. twice since last Sept, 2005.

I was told that my H1-b isn't valid any more, because I was paroled in.

Now, my husband, who's a citizen, wants to petition for me under family based, because there is no visa number available for EB2 right now. My questions are:

1) Shall I withdraw my employment based petition?
2) Will my current situation complicated things and makes it taking longer to be processed?
3) Anyone had a similiar situation before?
4) Shall I do it at all?

thanks a lot...Just want to see if anyone had done this before..

 

[ari4u]

Hello, Is anyone here in the same situation as mine?

My situation is:

1) Empolyment based GC petition July,2005.
2) AP, EAD, I-140 all approved around October, 2005.
3) Now, I-1485 has been pending for over 180 days.
4) I've been paroled in to the U.S. twice since last Sept, 2005.

I was told that my H1-b isn't valid any more, because I was paroled in.
You were given wrong information. H1 can continue to work on H1 eventhough they used AP to enter US (as long as they have a valid H1-b). look here http://shusterman.com/cronin51600.html


Now, my husband, who's a citizen, wants to petition for me under family based, because there is no visa number available for EB2 right now. My questions are:

1) Shall I withdraw my employment based petition?
You dont necessarily have to withdraw your EB application as it wont interfere with your FB application.
2) Will my current situation complicated things and makes it taking longer to be processed?
No. FB application for IR of a USC is faster that EB
3) Anyone had a similiar situation before?
Yes. There are so many here.
4) Shall I do it at all?
Do what?

thanks a lot...Just want to see if anyone had done this before..