US Citizen sponsoring parents who are already in the US on EAD..waiting on priority date (EB3 Dec03)

[luvparents]

Hello folks,

I will be submitting my N-400 package tomorrow. Assuming that I get my citizenship in 6months time, I would like to know which of the following two options makes most sense:

1. Apply I-130s and NEW I-485 for both of them.

or

2. Apply I-130s and write to USCIS to change their current I-485s from employer based to family based.

My father has applied for I-485 under EB3 category in December of 2003. Both parents are on EAD and renew it every two years.

Basically I have asked two attorneys on online forums and one asks to start new I-485 while the other says to AOS of I-485 from employer based to immediate relative category.

Thanks for your reply.

[pontevecchio]

Option2 would result in least delay. Get a Lawyer involved to make the process easier for you and faster.

[Joe.F]

You interfile, i.e., you update the I-485 to indicate that there is a new, different underlying immigrant petition. Filing a new I-485 can result in problems.

[luvparents]

Thanks for the comments. I like option #2.

I have heard pros and cons for both ways....really need to talk to many people to see how they do this.