USC son sponsoring parents who are on EAD for 4+ 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
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.
I have an employment and a family based application. I researched this a lot, and what I found out is that if youre lucky you can get your EB I-485 approved with an approved I-130. That being said there isnt 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 its 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 isnt really too far off from a green card and I can renew for free.
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.