Employment to Family based

[maltimonroe]

My sister is a citizen and filed under Family based category in Sept. 2002. The petition was approved in early 2010. Now I am waiting for the priority date to become current.

The company I work for also filed a petition in 2004 under EB-3 Category and I 140/ I485 was filed. I 140 was approved and I 485 is still pending.

When I the priority date for Family based catagory becomes current, Do I have to file a new Adjustment of Status (I485) or can I just get it transferred to this petition?

What are the procedures?

I would really appreciate your comments and help.

 

[LucyMO]

you cannot transfer an EB based I-485 to a family based I-130. You will have to file a new I-485.

 

[Jackolantern]

Interfiling from EB to FB is hit-and-miss. I have read of one or two cases of it being done successfully, but I've also read of more where it was rejected. It is risky; it is an unusual thing, and the regulations are not very clear about it.

Just file a new I-485, so you can benefit from whichever one is approved first. And if your existing I-485 was filed before the Summer 2007 fee restructuring, a new I-485 would give you the benefit of free AP and EAD renewals.

 

[maltimonroe]

Appreciate you reply

If I file a new I485, Do I have to go thru new medical, fingerprints etc? How long does it approximaotly takes after priority dates become current and I 485 to be approved and getting a green card?

 

[Jackolantern]

If I file a new I485, Do I have to go thru new medical, fingerprints etc?

Yes.

How long does it approximaotly takes after priority dates become current and I 485 to be approved and getting a green card?

Once the PD becomes current, it can take anywhere from days to months to years for the I-485 to get approved. However, these days they seem to more efficient; if the I-130/I-140 is approved before the PD is current, it would be reasonable to expect the I-485 approval in 1 to 6 months after the PD becomes current, if there is no retrogression in that time frame.