EB2 India vs Family Based Greencard. Which is better?

S

srkotu

New Member
Hi,

Here are my details. I got my green card in March 2012 through EB2 India, priority date November 2007. Our 485 was filed in December 2011. My wife had to go to India after we received our EAD and AP in Feb 2012. Our fingerprinting mail was received after she left to India. So she did not attend the fingerprinting which was on Feb 28th 2012. I had attended my fingerprinting and received the green card in March 2012.

She attended the fingerprinting after she came back from India in May 2012. I had raised an SR in March 2013 to get the status and received a response

"There are currently no visas available to process your I-485 application. Your priority date is later than the cut-off listed on the visa bulletin for your preference."

We have renewed her EAD and AP in March 2013 and received a new combo card valid till Feb 2015. We also received a RFE for some missing medical documents in June 2012 which we already replied. Now her 485 status is Request for Evidence Response Review

Now, her PD of November 2007 is current in August 2013 bulletin. I also observed that Family based category F2A Spouses and Children of Permanent Residents is also current.

I would like to know what would be the better option, file a I-130 for family based green card and link it to her pending I-485 or wait for her case to be processed under EB2I derivative. I do not want to spend $420 for the I-130 filing. But if the chances of the dates going back are high I would not want to take the risk and spend the money.

Please suggest what course of action would be good.

Regards
Srini
 
If you want her to get a green card as fast as possible, don't choose between EB2 and family-based; use the opportunity to have applications under both. If you file the I-130 and a new I-485, both cases will be pending at the same time, and then she can get the green card based on whichever one progresses to completion first.

I'm sure that F2A won't stay All-current for long. By September or October it will be back to the usual 2-3 year wait. If you don't file the I-130 and I-485 in August, you may have to wait another 2 years for that opportunity.
 
Last edited by a moderator:
Jackolantern said:
If you don't file the I-130 and I-485 in August, you may have to wait another 2 years for that opportunity.
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I have a quick question about this. If the I-485 is filed and received (while the date is current and I-130 is pending), what happens when the date retrogresses? Do they keep processing your I-485 or do they stop and resume processing when it becomes current or the I-130 PD becomes current?
 
ramu2012 said:
I have a quick question about this. If the I-485 is filed and received (while the date is current and I-130 is pending), what happens when the date retrogresses? Do they keep processing your I-485 or do they stop and resume processing when it becomes current or the I-130 PD becomes current?
Click to expand...

They cannot approve it until the PD becomes current.
 
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