I recently acquired United States Citizenship by naturalization. Earlier I had petitioned as an LPR –priority date: 23rd April 2001 for my adult unmarried son which will be upgraded now because of my citizenship and become current under FB1. My son is also being sponsored by his employer, 90% of which is complete, only I485 remains as its PD is not yet current.
Meanwhile Is it possible to file another I-1485 and the whole package again in family category even if one has an employment based petition with a valid EAD and AP (till end 2009), medicals and FP done. I met an immigration officer by infopass and they said one can do it but there are some people who are getting RFEs on second set of applications, specially for EAD and AP if they have valid ones on file. Do you think they consolidate all the petitions if someone has more than one petition going on. Can anyone please throw some light on this?
Just now in Visa bulletin EB 3 is unavailable.
So I think you should go ahead and file everything on FB1 category.
You can ask Uscis whether you should file new one I 485or you can transfer the existing I 485 to the Family visa category.
I think you can always talk to UScis IO . YOU are a citizen now. Nag them!Clarify before sending anythng.
As your son,s priority date is current they might call him for the interview and ask him to withdraw EB case.
As fer As i know they keep all files together .
YOUr case is unique. Very few people have two petition going together .
I have similar case in my family but it is little different from yours.
Best of luck.