View Full Version : am i eligible for a employment based visa in case my petitio
07-23-2004, 05:21 AM
I am a Surgeon and Non US Citizen of US Citizen Parents. They have filed for my immigration and the petion has been approved with a priority date of Jan 2001. I am planning to take the USMLE examination and wanted to know if am i eligible for an employment based visa in case my petition for family based immigration visa has been approved and i have been given a priority date. Or should I just not even bother to apply for a working visa as they are bound to turn it down.
Family-based and employment-based cases are independent of each other. You can have a family petition (I-130) pending or approved independently from an employment-based petition (I-140).
The last step, the I-485, is a different thing. You can only have one I-485 pending, and you would have to base it either on the I-130 or on the I-140. I assume that you fall under a quota with the family-based application, so going the I-140 route may actually be faster.
08-04-2004, 09:08 AM
You can only have one I-485 pending, and you would have to base it either on the I-130 or on the I-140. I assume that you fall under a quota with the family-based application, so going the I-140 route may actually be faster.
Are you saying that once you based your I-485 to your I-130 when your application is submitted to INS then you cannot change it to be base on I-140 later should you change your mind or strategy???What i am saying is supposed i want it to be base on I-140 and write a letter to INS to inform them, can this work out okay? without having to submit another I-485.
You would have to withdraw the pending I-485 and file a new one.