Timeline questions - RealCanadian, Jackolantern & other experts

fl_mdc

Registered Users (C)
Hey Guys,

I would like help with the best route.

Current Employment based 485 Case:
I485 Filing Date: August 2004
I485 Status: Pending (thanks to Retrogession).

h1b: valid till August 2009 (still with the same employer). Don't foresee any problems extending h1b or getting an EAD.

Wife - US Citizen.
Wedding: Nov. 2007.

I'm trying to understand the logic of the date on I 751.

(a) Should I apply now for family based 485, hoping that by the time they approve it (post Nov. 2009), I would get my GC without conditions?

(b) Would my GC be conditional if it is approved in October 2009? If so, for a month or 2 years?

(c) Is the eligibility for filing for N400 3 years after becoming a PR or 3 years of marriage?

(d) At what point of time, would I be abandoning my employment based 485? (so the next soul behind me moves up)

(e) If I go with family based, would I get an EAD right away or have to wait for 6 months after I485 filing?

Thank you in advance.
 
A(a) = More likely to get an unconditional one, but one never knows.
A(b) = If approved in Oct 2009, it will be conditional for a full 2 years
A(c) = 3 years of marriage and 3 years (sans 90 days) on PR status
A(d) = The moment your marriage-based I-485 is adjudicated
A(e) = 90 days is the average wait

I'm trying to understand the logic of the date on I 751.

(a) Should I apply now for family based 485, hoping that by the time they approve it (post Nov. 2009), I would get my GC without conditions?

(b) Would my GC be conditional if it is approved in October 2009? If so, for a month or 2 years?

(c) Is the eligibility for filing for N400 3 years after becoming a PR or 3 years of marriage?

(d) At what point of time, would I be abandoning my employment based 485? (so the next soul behind me moves up)

(e) If I go with family based, would I get an EAD right away or have to wait for 6 months after I485 filing?
 
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