Converting employment-based I-485 to family-based

apoorani

New Member
Is this possible under the rules of USCIS? I have a 485 pending which is based on employment. My I-140 was approved a while ago. I already had an I-130 approved which my husband had applied when he was a GC holder. He was naturalized recently, and we were suggested trying to substitute the I-140 with the I-130 and avoid a whole new I-485 application. Is this possible? (I searched online and saw some INS memo info that this is not allowed). Would the USCIS confirm the receipt, and later on the conversion of existing 485 to family-based? Any input is appreciated. Thanks
 
I don't think it's possible. EB and FB are two different categories and intermingling is frowned upon.
 
What is your priority date? If your priority date is old say 2001 or 2002, you can wait for i485. If PD is not that old then you may consider to file as spouse of citizen which is faster.
 
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