EB3 Green Card Filed in 8/07, Will filing I-130, cancel my current EAD

S

stren

Registered Users (C)
Hi All

Hoping to get some advice.

I am a UK citizen and came to the US on an H1B, I applied for AOS under EB3, and filed concurrently on 8/2007. On 9/2009 I started a new job working under my EAD that I was eligible for while my AOS was pending.

Now that I'm married to a USC (10/2009) I would like to get my green card sooner as it will probably take a few more years to get my EB3 application I'm wondering if I can apply through an I-130. Will the 2nd application for a green card void my first application? I believe I'm only eligible to be here and work while my first AOS is pending, I can't afford to risk cancelling it and having to leave the country or stop working.

Is it safe to have two applications and is there any extra paperwork I need to file. We were planning to file: I130, I485, G325a x2, I864

Thanks so much!

S
 
You can have both running at the same time, and benefit from whichever one gets completed first. However, when they are about to approve one I-485, they might ask you to withdraw the other one.

Note that since you have been already married for one year and have a valid EAD and a job, you might want to consider delaying your marriage-based application until about August of next year. That way, you will have completed 2 years of marriage by the time your interview occurs, so you will get a 10-year green card instead of a conditional 2-year green card (which will later involve another round of paperwork and interviewing to extend it to a 10-year card).

What is the priority date of your EB3 application? It might get approved within the next year, depending on the priority date and whether you were born in India/China.
 
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Hi Jackolantern

Thanks for your comments. I'm not sure of my priority date to be honest, I'm from the UK so that helps. My I-485 was received 8/2007, and the company started working on my green card about a year earlier, so it must be within the 8/06 to 8/07 window. I had expected it to be another 3 years at least before I got it as it was filed under EB3.

My main motivation right now is to save money and be done with immigration worries. Every year I'm paying the fees for EAD and AP and those will quickly add up to be more than filing for a green card again.

Are there extra fees to pay after the 2 year "probationary" period vs waiting 1 year and filing for the ten year "normal" green card?

Thanks again for your help :)

S
 
stren said:
Are there extra fees to pay after the 2 year "probationary" period vs waiting 1 year and filing for the ten year "normal" green card?
Click to expand...

Yes, there is another fee for the I-751 which must be filed close to the end of the 2-year conditional period.
 
Thanks jackolantern - do you know if the probational periods affect the time to become a citizen, i.e. does the 3 years start counting from when the I receive the probational green card or from when the I-751 gets approved?
 
Awesome - I think I'll file for the probationary one at least so I get it sooner even if it's more hassle and two hundred more in the long run.

Another quick question:

On the I485 it asks for my nonimmigrant visa number. However my H1B extension has expired and I last entered on my advanced parole while my current EB3 I-485 is pending. What should I put in for this? Do I use my expired H1B or the approval notice of my AP?
 
Leave the nonimmigrant visa number blank, since you did not use it for your last entry. But make sure to write in the I-94 number where it asks for the I-94#, and write "Advance Parole" or "Parolee" where it asks for the status in which you last entered.
 
Thanks again :)

One last question - as I have an employment based application pending, do I still need to fill out another I864 and another I693 or will they refer to my other application?

The I864 seems silly because my wife is a student so I'll be supporting myself. I guess they don't know that though.
 
To be eligible for the family-based green card, a new I-864 filled out by your wife is necessary. It might have a bunch of zeroes because of her lack of income, but since you have legal US income, there is a place on the form where you can add your own income to hers to meet the support requirement.
 
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