Interfiling or New 485

N

nidhi001

Registered Users (C)
Hi,
I have an EB3 (May 2004) application currently pending with USCIS(TSC). My husband has become US Citizen a few months back.
I was wondering if :
1) I should file a brand new family-based greencard application(I-130/I-485 etc).
Or
2) Would it be just ok to file I-130 and once it is approved upgrade the pending employment based 485 with the approved I-130.

My attorney says its ok to just get the I-130 approved and tie it to the pending EB 485. But the forums and peoples experiences say otherwise. I'm just confused.

Any advice is appreciated from people who have gone thru this process.

Regards
Nidhi
 
nidhi001 said:
Hi,
I have an EB3 (May 2004) application currently pending with USCIS(TSC). My husband has become US Citizen a few months back.
I was wondering if :
1) I should file a brand new family-based greencard application(I-130/I-485 etc).
Or
2) Would it be just ok to file I-130 and once it is approved upgrade the pending employment based 485 with the approved I-130.

My attorney says its ok to just get the I-130 approved and tie it to the pending EB 485. But the forums and peoples experiences say otherwise. I'm just confused.

Any advice is appreciated from people who have gone thru this process.

Regards
Nidhi
Click to expand...

I-130 and new I-485 is better option as USCIS takes long time to interfile or to pull the file. write your A# on any form you file now. on G325 fill your A#, on I-130 fill your A#. on I-485 fill your A# and on forms of EAD or AP also write your A#.
 
Thank you for the quick response.
I guess, i'm just a teeny bit late, but which changes the entire dynamics.
This morning, even before I checked the response, my husband fedexed the I-130 application to USCIS for next-day delivery :(
We had the I-130 ready as of last night, but in the last minute I got worried with the interfiling and posted the message here.
Whereever applicable, I did mention my Alien # on the I-130 and G325 forms now.

I guess I have to wait till the I-130 is apprved to file the new FB 485.
Is it still ok for me to apply for the new family based 485 once this 130 gets approved, or does it have to be concurrent?

I'm on my EAD with my current job, does all this impact my current EAD in anyway?

Thanks and Regards,
Nidhi
 
nidhi001 said:
Thank you for the quick response.
I guess, i'm just a teeny bit late, but which changes the entire dynamics.
This morning, even before I checked the response, my husband fedexed the I-130 application to USCIS for next-day delivery :(
We had the I-130 ready as of last night, but in the last minute I got worried with the interfiling and posted the message here.
Whereever applicable, I did mention my Alien # on the I-130 and G325 forms now.

I guess I have to wait till the I-130 is apprved to file the new FB 485.
------------------I think you can file I-485 once you get the I-130 filing reciept.
Is it still ok for me to apply for the new family based 485 once this 130 gets approved, or does it have to be concurrent?
-----------------------read above. you can file family based I-485, EAD once you get I-130 reciept and attach the copy of I-130 with I-485 form. write on cover letter the details and documents you are submitting with I-485.
I'm on my EAD with my current job, does all this impact my current EAD in anyway?
------------------NO.
Thanks and Regards,
Nidhi
Click to expand...
----------------------------
 
Thank you Ginnu and Jack for your responses. Thats a huge relief.

Shall keep you posted on my situation.
 
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