jenisa B
Jun 3, 2023
Chapter 8 - Transfer of Underlying Basis, #interfiling
hello everyone i am thinking about interfiling my current eb3 unskilled gc process with marriage base greencard,
so basically i want to transfer my eb3 case to marriage based gc. since my i485 is already pending i do not need to do another process and transfer my i 140 to i130. does anyone know about this, and have done before and got greencard.
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Sillykid !Jun 3, 2023
No, an I-140 petition cannot be transferred to an I-130 petition. An I-140 is an employment-based petition, while an I-130 is a family-based petition.
N FJun 3, 2023
@jenisa B I'd file I-130 with new I-485 and wait which one will get approved first. although uscis gives interfiling as an option on their website they claim it's not guaranteed. you or your lawyer will have to follow up with them to find out if your request has been processed. they'll not send any confirmation. from my perspective it's a big headache. I'd rather send new package with new I-485 than interfiling.
jenisa BJun 3, 2023
@N F thnks for ur valuable input. my lawyer told me about 2 options one is interfiling and one like you said. and some people are saying having 2 process for greencard is like we are adding workload to uscis. but if we interfile we do not need to pay another fee also time saving. so i am trying to decide which option is best. but as u said interfiling is not guaranteed and its hard to follow up. i might just do another process.
jenisa BJun 3, 2023
@Naruto 17 we can, I got this information from a lawyer. also u can see information on chapter 8 transfer of underlying basis on uscis website.
N FJun 3, 2023
@jenisa B I don't think interfiling takes less time. based on my observation people who interfiled aren't sure if their request has been processed and you'll never know if your date is current (marriage based FD always current and EB3 unskilled is not current). I think by interfiling you'll add one more step in your process. I'm sure inexperienced officers will not be able to adjudicate the case and your case will be somewhere in the pile. You may get your FB GC in 3 months.
