USC son sponsoring parents who are on EAD for 4+ years

[lovp]

USC son sponsoring parents who are on EAD for 7+ years

my parents are waiting for priority date (EB3) for 7+years. I would like to know how to proceed


1. File NEW complete I-485 package along with separate I-130s

OR

2. INTERFILE I-485 EB -> FB (IR): File separate I-130s and write to USCIS to Adjust their status (AOS) from employer based to family based.

Thanks a lot for your time

 

[BigJoe5]

my parents are waiting for priority date (EB3) for 7+years. I would like to know how to proceed


1. File NEW complete I-485 package along with separate I-130s

OR

2. INTERFILE I-485 EB -> FB (IR): File separate I-130s and write to USCIS to Adjust their status (AOS) from employer based to family based.

Thanks a lot for your time

It is allowed and less expensive to file transfer requests to switch the I-485s over to I-130s.

Some people on this forum will tell you not even to try that.

The choice is yours.

 

[saywhat]

I have an employment and a family based application. I researched this a lot, and what I found out is that if you're lucky you can get your EB I-485 approved with an approved I-130. That being said there isn't a hard fast rule about it. The downside of applying anew is the obvious extra expense and in most cases the FB I-485 cannot be adjudicated at the time of the interview because the EB I-485 is still pending at that time. They make you withdraw the EB at the interview then get back to you several months later. Also I heard that it's not advisable to be proactive and withdraw the EB application yourself.

I applied for a fresh FB I-485 and will wait out any outcomes since EAD isn't really too far off from a green card and I can renew for free.

 

[Jackolantern]

my parents are waiting for priority date (EB3) for 7+years. I would like to know how to proceed


1. File NEW complete I-485 package along with separate I-130s

OR

2. INTERFILE I-485 EB -> FB (IR): File separate I-130s and write to USCIS to Adjust their status (AOS) from employer based to family based.

Either is possible. #2 is cheaper, but #2 also has a higher chance of delays, complications, or rejection because interfiling from EB to FB is very unusual and USCIS is more likely to delay or screw up the outlier cases.

 

[lovp]

Thank you

Either is possible. #2 is cheaper, but #2 also has a higher chance of delays, complications, or rejection because interfiling from EB to FB is very unusual and USCIS is more likely to delay or screw up the outlier cases.

Thanks for the reply.

I found a link on trackkit ( i'm unable to post the link cuz of some sort of 15post restriction...please type trackittDOTCOM and then paste this "usa-discussion-forums/i485-eb/384867765/i485-filing-on-the-basis-of-marriage" at the end in the URL) to be very interesting...and some have had success following route #2.

I think we might choose #2, and if things go nowhere or if they get ugly, then hire a lawyer.