Interfile I-485 Timing

[soneC]

Hello, everyone. I have got some conflicting info on my immigration case and I will be very thankful if I can obtain the precise answer. I am currently EB2 (China PD in Feb2006) with my I-485 pending at NSC. My father filed I-130 immigration petition for me when he becomes a green card holder. The I-130 petition got approved (PD Dec2004) and my father informed the National Visa Center (NVC) when he became a US citizen so my immigration category was upgraded to FB1 (unmarried son over 21 years old.)

It is increasingly looks like that my family-based immigration is going to be approved first as the visa bulletin updates month after month. I got some feedback from attorneys about my immigration issue. Most of them agree that, instead of filing 2nd I485, I
should interfile a request to change my current I-485 priority preference first as it can save me $1050 for 2nd I-485 petition.
However, they are differ on when I should do the interfile. Some lawyers state that I can do it now without waiting my PD becomes current (June1 2004 for Feb Visa Bulletin), while others state that I have to wait until my PD becomes current. Those who say I can do it now told me that USCIS will not reject and return the petition. They will pre-process it and prove it when my PD becomes current. So when should I do the interfile, now or wait? I have some conflicting info here and I do not know which one to follow.

Thank you very much for reading this message and I am looking forward to your reply.

Cheers.
SoneC

 

[fromnaija]

I am not sure if you can even interfile from employment-based to family-based. It is possible to change preference category within employment-based or within family-based. But crossing from employment-based to family-based may not be possible.
If it possible, from my experience with employment-based, you may need to wait until your PD is current before you can ask for interfiling.
Why don't you get an INFOPASS appointment and ask to speak to an IO who may be able to clarify some of the conflicting answers you are getting from your lawyers.