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Old 01-19-2010, 05:25 PM
soneC soneC is offline
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Default Interfile I-485 Timing

Hello. I have got some conflicting info on my immigration case and I will be very thankful if I can obtain the precise answer. I am currently EB2 (China PD in Feb2006) with my I-485 pending at NSC. My father filed I-130 immigration petition for me when he becomes a green card holder. The I-130 petition got approved (PD Dec2004) and my father informed the National Visa Center (NVC) when he became a US citizen so my immigration category was upgraded to FB1 (unmarried son over 21 years old.)

It is increasingly looks like that my family-based immigration is going to be approved first as the visa bulletin updates month after month. I got some feedback from attorneys about my immigration issue. Most of them agree that, instead of filing 2nd I485, I should interfile a request to change my current I-485 priority preference first as it can save me $1050 for 2nd I-485 petition. However, they are differ on when I should do the interfile. Some lawyers state that I can do it now without waiting my PD becomes current (June1 2004 for Feb Visa Bulletin), while others state that I have to wait until my PD becomes current. Those who say I can do it now told me that USCIS will not reject and return the petition. They will pre-process it and prove it when my PD becomes current. So when should I do the interfile, now or wait? I have some conflicting info here and I do not know which one to follow.

Thank you very much for reading this message and I am looking forward to your reply.
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