I-130 pending, PD current. I-485 application- WHat type?

barryfaetheus

Registered Users (C)
What "application type" should be selected on the I-485 when the I-130 is pending? Should we select type "a" (approved immigrant petition), and just add a note stating that the case is actually pending with a current priority date? Or is it better to select "h" (other basis of eligibility) and just write "Pending I-130, current priority date".

Thanks for answering this newbie question.
 
Somebody may correct me but I don't think you can file I-485 on the basis of a pending I-130 unless it is for immediate relative category.
 

From the referenced murthyforum:

USCIS allows for the concurrent filing of I-130 petition and I-485 application as long as the priority date is current

Agreed. But how with the priority date be current if I-130 is not yet filed? Isn't it the filing of the I-130 that accord a priority date?

Well, thinking about it, I think you may be able to submit the I-485 with the I-130 receipt notice if the priority date becomes current while the I-130 is yet to be approved. Let us know how it works out for you.
 
From the referenced murthyforum:
USCIS allows for the concurrent filing of I-130 petition and I-485 application as long as the priority date is current


Agreed. But how with the priority date be current if I-130 is not yet filed? Isn't it the filing of the I-130 that accord a priority date?

.

The attorney's point here is that it is ok for both the I-130 and I485 to be pending simultaneously, even in a non-immediate-relative case, so long as the I-485 is filed only after the PD becomes current.

Any thoughts about my original question i.e. which category to pick?
 
fillling I485 with current priority date and pending I-130

This should work.[/QUO

I want to clarify the same issue. I filed I-130 for my wife under F2A category, which is still pending. I am hoping her priority date will become current in next couple of months. Can I file I-485 for her if her priority date becomes current while I-130 is still pending.
 
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