Concurrent Family-Based and Employment-Based Immigrant Petitions

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding family-based immigrant petitions when an employment-based immigrant petition is pending.      

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[boone]

I have an F2B petition with a priority date of May 2012. My employer just recently filed a petition for EB3 and the priority date is October 2018. Should I do something about my family petition (like withdraw or something like that) when it's time to file the change of status on my employment based green card petition? The country is Philippines.

[Jay shah]

Hi

I have panding 485,my date is current.  We filled 485 in feb 2007 employment base EB 3 category. On feb 2018 we submitted RFE for green card.after that we didn't receive any thing. We file case inquiry several time. Each time we recived standard answer that case is under investigation. We file with senator. Same answer. We file with ombudsman for case 4 months back.no ans yet. What are my options now.

We think about fedral law suit. Some sugest that may go against you.

Please advice next step.

[heretolearn]

I am an Indian national (born outside of India). I currently have a valid H1-B (3 years remaining out of the first 6 years). I also have an employment-based green card application ongoing. My I140 (with Priority date being current)  is approved and I have filed my I485 (AOS ) application. Its been 8 months since the AOS filing and am waiting for the interview. I am considering a change in employment. I had the following questions:

a)       Could I change my employer now at this stage of the process? If I could what are the consequences of the same to my pending AOS application?

b)      If I change my employer, do I have to look for a job with similar responsibilities as to my current role?

[Attorney_22]

On 4/4/2019 at 9:27 PM, boone said:

I have an F2B petition with a priority date of May 2012. My employer just recently filed a petition for EB3 and the priority date is October 2018. Should I do something about my family petition (like withdraw or something like that) when it's time to file the change of status on my employment based green card petition? The country is Philippines.

It is acceptable to have both a family-based and an employment-based case pending at the same time. Therefore, it is not necessary to withdraw the family-based case.  

[Attorney_22]

On 4/5/2019 at 5:06 AM, Jay shah said:

Hi

I have panding 485,my date is current.  We filled 485 in feb 2007 employment base EB 3 category. On feb 2018 we submitted RFE for green card.after that we didn't receive any thing. We file case inquiry several time. Each time we recived standard answer that case is under investigation. We file with senator. Same answer. We file with ombudsman for case 4 months back.no ans yet. What are my options now.

We think about fedral law suit. Some sugest that may go against you.

Please advice next step.

Ombudsman requests are taking a very long time, however you will eventually get a response. A mandamus lawsuit can be helpful, but it does not always mean you will obtain an approval, only that you will get an adjudication. To discuss this in detail it may be worth calling our office to discuss the specifics of your situation. Also send the RFE prior to the call so our attorneys can review the request.  

[Attorney_22]

On 4/5/2019 at 10:13 AM, heretolearn said:

I am an Indian national (born outside of India). I currently have a valid H1-B (3 years remaining out of the first 6 years). I also have an employment-based green card application ongoing. My I140 (with Priority date being current)  is approved and I have filed my I485 (AOS ) application. Its been 8 months since the AOS filing and am waiting for the interview. I am considering a change in employment. I had the following questions:

a)       Could I change my employer now at this stage of the process? If I could what are the consequences of the same to my pending AOS application?

b)      If I change my employer, do I have to look for a job with similar responsibilities as to my current role?

You need to be sure the new position will qualify for AC21.