PRISAM Posted October 29, 2014 Report Share Posted October 29, 2014 Greeting All,My sibling is US citizen & filing my GC under F4 categoryI'm in US working on H1B for more than 8 years40+ years & married living with spouse, 2 kids. kid-1 is Indian & kid-2 is US CitizenI applied my GC through present employer:EB2-India(I-140 Approved) with PD Feb/2010I would like apply F4 through sibling & go out of the country for few years & get GC though F4 while out of countryIn I-130:What should I put employer & job details at#15Should I include my US Citizen kid details at#17(List spouse & all children of your relative)In the future can change AOS to Consular Process at#22(when I move out of the country)While I'm already in EB2, can I apply F4If I decided to come back, then can I apply H1B & GC through employment & I retain older PD:Feb/2010(EB2 category)Highly appreciated your help and suggestionsThanks Link to comment
Attorney_6 Posted October 29, 2014 Report Share Posted October 29, 2014 The FB4 case can be filed even where there is a pending EB2. There is no conflict at all. The form should be accuately completed with the information as it stands at the time filed--even if that may change. List ALL children. As a general matter, the EB priority date can be retained in a later filed EB GC as long as the I-140 was approved. The exception to this is for cases where the government revokes the I-140 for fraud/misrep. Link to comment
PRISAM Posted October 30, 2014 Author Report Share Posted October 30, 2014 Thank you for reply !!!! Which is safer process adjustment of status or consular processing ? If I can't decide immediately? can put "Will not do adjustment of status, please send approved petition to NVC". Link to comment
itsmeusa Posted October 31, 2014 Report Share Posted October 31, 2014 Consular processing is a safer option in the sense that if you opt for it, your case would be xferred to NVC. Later on, if you choose to opt for adjustment of status, you can still do so, NVC will xfer your file to USCIS. No need to submit additional form for this xfer. However, if you opt for adjustment of status, you are entitled to only AOS. Later on, if you want to opt for consular processing, you need to submit I-824 and xfer from USCIS to NVC could take few months. Link to comment
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