msonmf Posted July 17, 2012 Report Share Posted July 17, 2012 Hello all, My situation is as below: 1. Applied I-140, I-485, I-765, I-131 (EB3) (using concurrent process in the year 2004) 2. I-140 approved, continued renewing I-765 and I-131 for all the years without any problems. 3. I-485 is still pending. 4. Switched employer 2.5yrs ago on EAD. 5. Currently working using I-765. 6. Married to US Citizen. 7. 2yrs later after the marriage, decided to file for GC via spouse. I know I have to file I-130, but I am looking for answers for following questions: 1. Do I have to send I-693(Medical exam) again? 2. Do I have to file I-485 again? as my EB3's I-485 is still pending. 2. If I file I-485 again, can I use my current I-765 to continue work? or do I have to apply for a new one via spouse? 3. If I have to file I-130, I-485, I-765, I-131 via spouse, can I put them all together in one package or separate one? I really appreciate your answers. Thanks MSONMF Link to comment
JoeF Posted July 17, 2012 Report Share Posted July 17, 2012 You just interfile, i.e., amend the existing I-485 to use the I-130 as underlying immigrant petition instead of the I-140. Link to comment
redgreenbluee Posted July 17, 2012 Report Share Posted July 17, 2012 please consult a lawyer. file I-130 (petition from your spouse), after getting I-130 approval, interfile it with your existing I-485. Hello all, My situation is as below: 1. Applied I-140, I-485, I-765, I-131 (EB3) (using concurrent process in the year 2004) 2. I-140 approved, continued renewing I-765 and I-131 for all the years without any problems. 3. I-485 is still pending. 4. Switched employer 2.5yrs ago on EAD. 5. Currently working using I-765. 6. Married to US Citizen. 7. 2yrs later after the marriage, decided to file for GC via spouse. I know I have to file I-130, but I am looking for answers for following questions: 1. Do I have to send I-693(Medical exam) again? 2. Do I have to file I-485 again? as my EB3's I-485 is still pending. 2. If I file I-485 again, can I use my current I-765 to continue work? or do I have to apply for a new one via spouse? 3. If I have to file I-130, I-485, I-765, I-131 via spouse, can I put them all together in one package or separate one? I really appreciate your answers. Thanks MSONMF Link to comment
Attorney_22 Posted July 17, 2012 Report Share Posted July 17, 2012 Generally, USCIS does not like to have more than one I-485 application in their system for the same individual. Additionally, filing more than one I-485 can slow down the approval of your green card. Therefore, the best approach is to request an interfiling of your currently pending I-485 with the newly filed I-130. Please be aware however, due to the age of your I-485 petition USCIS may request updated information and forms such as the G-325A prior to approval of your green card. If you have additional questions the Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys. Link to comment
msonmf Posted July 17, 2012 Author Report Share Posted July 17, 2012 Thank you all for your responses. I thought the same but when I researched, I found that EB3(employer base) is different from Family Based AOS. I think I cannot interfile as these two fall into different category. Correct me if I am wrong. Link to comment
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