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Fb4 Vs Eb2

Discussion in 'Nonimmigrant Visa Validity' started by InsaneYogi, Mar 11, 2016.

  1. InsaneYogi

    InsaneYogi New Member

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    Hi - wanted to get your ideas on my specific case. i have a EB2 application with Oct 2011 priority date (currently on H1). My sister a US passport holder is willing to sponsor my GC.
    1. Since Iam already in US, how soon will i get an EAD and then GC?
    2. Lets say i get an EAD in few months through my sister, will i be able to keep my EB2 application?
    3. What options will i have since i understand getting a GC through family based i.e. FB4 might take atleast 8 - 10 years to be current.

    insane Yogi
     
  2. Kevin Kurian

    Kevin Kurian Attorney at Law

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    I can't speak to your specific case as I do not know all of the facts of your case and have not seen any documents filed in your case.

    1. Hypothetically, an adjustment of status applicant can apply for both their EAD and AP cards when they concurrently file their I-485 applications or after they file their I-485 applications. The adjustment of status applicant should refer to the Department of State Visa Bulletin to determine when they can concurrently file their I-485, I-765 (EAD), and I-131 (AP) applications.

    2. A 485 applicant who is the beneficiary of both an approved I-130 (family-based petition) and an approved I-140 (employment-based petition) can pursue adjustment through either one of the approved petitions. If a 485 is filed based on the approved I-130 petition, the approved I-140 petition remains in the USCIS' records and is not automatically revoked. However, if the family-based 485 is denied, for whatever reason, the applicant will be required to disclose this denial in any future I-485 filing.

    3. Hypothetically, a prospective I-485 applicant who is the beneficiary of both an approved I-130 and an approved I-140 petition should monitor the Department of State Visa Bulletin and may want to pursue the I-485 filing based on whichever priority date (either family-based or employment-based) becomes current first.
     
  3. InsaneYogi

    InsaneYogi New Member

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    Thanks Kevin for your quick reply. I have few followup questions.
    1. Since iam already in US legally, Can i apply concurrently file for 130 and adjustment of status (i485) ?
    2. Based on current trend, GC via EB might be quicker than FB based petition. in that case can i switch from EAD derived from FB application to EAD derived from EB petition some time in future?

    Thanks.
     

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