Employment based to family based

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BostonGCVictim

Registered Users (C)
I have a pending I-485 filed under employment EB-3 category. My mother is now a US Citizen and would like to file for me under "Married over 21" FB3 category. My questions are:

1. Is it possible to use priority date from EB3 to FB3?
2. If she files my I-130 and it gets approved, is there any problem with having two I-485 cases pending (EB3 & FB3).

Thanks for you responses
 
I sure there are more knowledgeable people in this forum who will answer your question.
My answer is:

I do not think, there is any rule which allows you to port priority date from Eb Employment category to Family F (1, 2, 3,0r 4) category.It is only for Eb - Eb or F2b-F1- F3

If you apply a new F3 under your parents US citizenship ,USCIS will make you wait for at least 8 years.That is the normal waiting line for F3

BUt you can apply to keep a parallel option open for you in case.

YOUr EB3 priority is 2002(is it?).Then you should get approval any time anyway.
 
BostonGCVictim said:
1. Is it possible to use priority date from EB3 to FB3?
Click to expand...

You cannot claim an earlier priority date in a different category.

2. If she files my I-130 and it gets approved, is there any problem with having two I-485 cases pending (EB3 & FB3).
Click to expand...

No problem, but I'm pretty certain your EB3 I-485 will be approved long before your FB3 priority date ever becomes current.
 
BostonGCVictim said:
I have a pending I-485 filed under employment EB-3 category. My mother is now a US Citizen and would like to file for me under "Married over 21" FB3 category. My questions are:

1. Is it possible to use priority date from EB3 to FB3?
2. If she files my I-130 and it gets approved, is there any problem with having two I-485 cases pending (EB3 & FB3).

Thanks for you responses
Click to expand...

Another point is I think you can apply another I- 485 when your F3 gets approved and priority date is close to one year.
so you may not have 2 I-485 very soon.
Once you F3 gets approved USCIS may keep both file together for their administration.

If you do not have any complication in your EB3 filing i am sure you will get approval very soon.
 
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