soneC2009-06-15 13:31:46
Hello, everyone. I need some advice on my immigration issue.

I entered the country with F-1 student visa six years ago. I obtained H-1B visa when I got a job after graduation. With my employer’s sponsorship, I applied for employment-base immigration visa and the application got approved (Perm EB2 China-born PD Feb 2006). I did not apply for H-1B renewal when it was expired and I am on I-485 (employment-based) pending status with my EAD up to now. My father is a neutralized US citizen and filed I-130 immigration petition for me. The petition got approved with PD of Jan 2004 (unmarried sons/daughters of US citizens over 21).

I understand that I am eligible for applying I-485 (family-based) petition along with EAD/AP as soon as my PD becomes current. I am especially eager to do so given the fact that the company that I am working at may initiate another around of layoffs. In addition, I do not want to go back to my original country to complete consular processing if I do not have to. However, I have a serious concern about applying for I-485 (family-based this time) again. Will USCIS give me trouble for my family-based I-485 application (along with EAD and AP) because I am already on AoS status with my employment? I do notice that, on the I-485 form, it specifically asked if that petitioner applied for AoS (adjustment of status) before and if yes, the result.

Thank you very much for reading and feedback. By the way, I still have the original I-94 record with F-1 student stamp to approve that I entered the country legally. So this should not be a concern.
haoduowenti2009-06-15 14:13:47
applying family-based I-485 should be OK. Don't worry.