Is it possible to transfer employment based I 485 currently pending awaiting visa number to family based one. My wife became a US citizen and ready to file I-130 petition. Can I request my I 485 to be transfered to family based one so that I do not need to pay the fee again.
I 485 transfer from Employment based to family based
- Thread starter enviengr
- Start date
I used to think that this was not possible until I read about how it should be done on Ron Gotcher site. Here is what you need to do.
Have your sponsor file the I-130 and after its approval mail a copy of the approval notice and the I-485 receipt to the service center where your employment-based I-485 is in process. Add a cover letter giving your A# and asking that the I-130 be interfiled with your I-485.
I have read of cases where this procedure worked. Read more at:
http://www.immigration-information..../7325-switching-from-eb-to-fb-processing.html
Have your sponsor file the I-130 and after its approval mail a copy of the approval notice and the I-485 receipt to the service center where your employment-based I-485 is in process. Add a cover letter giving your A# and asking that the I-130 be interfiled with your I-485.
I have read of cases where this procedure worked. Read more at:
http://www.immigration-information..../7325-switching-from-eb-to-fb-processing.html
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This is what I did. I had the I-130 filed and approved. I then later filed the i-485 for my spouse after i got my USC. Spouse received RFE for employment based GC. I replied to the RFE and enclosed approved I-130 and copy of I-1485 petition for family based GC.
Result was Employment based case got transferred to same center where family based case is pending. Not sure what will happen to it but we have an interview for family GC for my spouse next month.
Result was Employment based case got transferred to same center where family based case is pending. Not sure what will happen to it but we have an interview for family GC for my spouse next month.
mariner555
Registered Users (C)
any updates ?
Hi,
just wondering if this is possible ?
I have a 485 pending in EB3 category -- however a family petition which was applied long time ago (Approved 130) will become current soon. do I need to file another 485 for the family petition or can I transfer employment 485 to family 485 (I am happy that there will be one less eb3 in queue
) --- Thanks - will really appreciate a reply
Hi,
just wondering if this is possible ?
I have a 485 pending in EB3 category -- however a family petition which was applied long time ago (Approved 130) will become current soon. do I need to file another 485 for the family petition or can I transfer employment 485 to family 485 (I am happy that there will be one less eb3 in queue
) --- Thanks - will really appreciate a replyJackolantern
Registered Users (C)
Like mrark99 said, interfiling from employment to family-based or vice versa is hit-or-miss. There doesn't seem to be any law clearly allowing it nor a clear procedure in the Adjudicator's manual (at least the published one) for it. So if you don't want to play with the risk of rejection, file a new I-485.