I-130 v. I-140 for I-485

[Denverite]

Here is the background:

I have been on an H-1B visa from my employer that expires in Jan. 2007. In Feb 2006 my employer filed for the I-140 application for a green card for me, and we are waiting on the result of that application.

In May 2002, my mother, as a green card holder, filed for the I-130 for me. In Feb 2006 my mother became a US Citizen and in March 2006 my I-130 application was upgraded to the son of a citizen and also transferred to the California Service Center. The california processing date for the I-130 son of a US citizen is at 1/2003. So that means my date is current I believe. I expect to hear something from the USCIS by 4/24. I am not sure what I expect to hear, that is just what I was told on the phone when I spoke with the USCIS by phone.

I am trying to determine, what is the quickest and more sure route for the green card?

If the I-140 is approved, do I let my employer file for the I-485 or do I file for the I-485 on the basis of my mothers application? If I file on the basis of my mothers application, how long does it take and what happens if she were to be deceased?

Also, do I need to wait for a visa number before I file for the I-485? Can I file for a I-765 work authorization so I can work while I wait on the I-485 and I can leave my employer?

Thanks in advance for any advice anybody has.

 

[GotPR?]

If the I-140 is approved, do I let my employer file for the I-485 or do I file for the I-485 on the basis of my mothers application? If I file on the basis of my mothers application, how long does it take and what happens if she were to be deceased?

EB and FB are under totally different system, and you can not use approved I140 for FB I485. Your I485 based on I140 comes with your EB PD.

Also, do I need to wait for a visa number before I file for the I-485? Can I file for a I-765 work authorization so I can work while I wait on the I-485 and I can leave my employer?

One has to wait for visa number availability to file I485, therefore if your PD is not current, you can not file EAD.

 

[princesskate]

Here is the background:
In May 2002, my mother, as a green card holder, filed for the I-130 for me. In Feb 2006 my mother became a US Citizen and in March 2006 my I-130 application was upgraded to the son of a citizen and also transferred to the California Service Center. The california processing date for the I-130 son of a US citizen is at 1/2003. So that means my date is current I believe.

Your PD is not current, current PD is 4/22/2001.

You should not refer to the california processing date, this is the correct site that you should refer to:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2868.html

 

[Denverite]

Ok, so in this instance, is it better to stick with the employment route or the FB route?

Why do the service centers then put up processing times? What are they for if the correct one is the visa bulletin?

 

[GotPR?]

Ok, so in this instance, is it better to stick with the employment route or the FB route?

If you were on EB1 or EB2 and you were born in the country other than India/China/philipine/mexico, EB is obviously better, as you can file I140 and I485 concurrently, and I485 will be approved in s few months if thing goes fine. If you were not, it's touch call which is faster.

 

[Denverite]

If you were on EB1 or EB2 and you were born in the country other than India/China/philipine/mexico, EB is obviously better, as you can file I140 and I485 concurrently, and I485 will be approved in s few months if thing goes fine. If you were not, it's touch call which is faster.

Fair enough, right now I would be an EB3. I wonder if I could change that to EB2 category.

What happens if the mother dies in the middle of the I-130/I-485 process?

 

[EricNeesGC]

If you were on EB1 or EB2 and you were born in the country other than India/China/philipine/mexico, EB is obviously better, as you can file I140 and I485 concurrently, and I485 will be approved in s few months if thing goes fine. If you were not, it's touch call which is faster.

GotPR,

I would suggest to file both ways. They will later ask you to withdraw one of the applicatinos but its always good to leave 2 windows open. I know someone who filed I-140 in April 2001 and is still waiting for his labor to be complete. Though immigration laws have changed since then, I will still strongly recommend to pursue both ways.