Need a help on F4 I-130 application


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Greeting All,

My sibling is US citizen & filing my GC under F4 category

I'm in US working on H1B for more than 8 years
40+ years & married living with spouse, 2 kids. kid-1 is Indian & kid-2 is US Citizen
I applied my GC through present employer:EB2-India(I-140 Approved) with PD Feb/2010

I would like apply F4 through sibling & go out of the country for few years & get GC though F4 while out of country

In I-130:
What should I put employer & job details at#15
Should 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 F4
If 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 suggestions

Thanks

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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. 

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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.

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