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Hi: I'm looking for some information from the experts on this forum. Here's a brief description of our scenario.
A. My wife has an approved I-130 (F2A - India), filed as spouse of a LPR. (early 2011).
B. She (has been working in the US on a H1B) has a pending I485 (India EB2) and has received her EAD card, AP and fingerprinting was done. Priority date is ~Oct 2009 - but as of July 2012 visa bulletin India EB2 is currently retrogressed/no visa numbers available. (Filed early 2012.)
C. I have now become a US citizen (mid 2012).
I am aware of the process of upgrading the approved I130 to IR (as a citizen). From the USCIS, I also found out that if we want to pursue a GC (as spouse of a US citizen), we have to file a new I485 package - with all forms and fees EAD/AP/693/864 etc. And withdraw the pending (EB2 based) 485 application.
Here are my questions:
1. Is the above process the best/most current way to go about this?
2. Would you recommend refiling or waiting for the EB2 GC based on processing times/past data? Is it worth the hassle of refiling/withdrawing/paying fees again etc.? Any gotchas here?
3. Will she be issued a new EAD/AP and have to go for fingerprinting again?
4. Are the AC21 rules still the same - i.e. allowing one to change jobs (in similar areas) if a 485 has been pending for > 6 months? Is this still a grey area?
Appreciate your response. Thanks for reading.
A. My wife has an approved I-130 (F2A - India), filed as spouse of a LPR. (early 2011).
B. She (has been working in the US on a H1B) has a pending I485 (India EB2) and has received her EAD card, AP and fingerprinting was done. Priority date is ~Oct 2009 - but as of July 2012 visa bulletin India EB2 is currently retrogressed/no visa numbers available. (Filed early 2012.)
C. I have now become a US citizen (mid 2012).
I am aware of the process of upgrading the approved I130 to IR (as a citizen). From the USCIS, I also found out that if we want to pursue a GC (as spouse of a US citizen), we have to file a new I485 package - with all forms and fees EAD/AP/693/864 etc. And withdraw the pending (EB2 based) 485 application.
Here are my questions:
1. Is the above process the best/most current way to go about this?
2. Would you recommend refiling or waiting for the EB2 GC based on processing times/past data? Is it worth the hassle of refiling/withdrawing/paying fees again etc.? Any gotchas here?
3. Will she be issued a new EAD/AP and have to go for fingerprinting again?
4. Are the AC21 rules still the same - i.e. allowing one to change jobs (in similar areas) if a 485 has been pending for > 6 months? Is this still a grey area?
Appreciate your response. Thanks for reading.
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