testthomas Posted March 21, 2012 Report Share Posted March 21, 2012 I am currently on my H1 visa. I would like to apply for green card through my US citizen sister and then also apply for green card when my employer agrees to do so in a couple of years. My questions are: 1) Do I need to pull my I130 application when I file I140 through employer or can they be both done simultaneously? 2) For green card through sibling, can I file for I485 with I130 now or do I have to do that when my date becomes current? 3) If I have to wait for my date to be current to file I485 through sibling, then what happens when I file for green card through employer? Do I file I140 and AOS at the same time or do I wait for the date to be current? Thank you for your time and help. Link to comment
JoeF Posted March 21, 2012 Report Share Posted March 21, 2012 I-130 and I-140 are independent of each other. Both are immigrant petitions. You should only have one I--485, though. Iif you want to change the qualifying immigrant petition for the I-485, you use what is called interfiling, i.e., amending the I-485 to use one or the other of the immigrant petitions. Link to comment
testthomas Posted March 21, 2012 Author Report Share Posted March 21, 2012 Thank you for your reply. Do I have to wait for my date to be current in family based/employment based in order to file I-485? Can I file I-485 along with I-130 this month when I start the green card process through sibling? Link to comment
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