Green Cards Approved Following Transfer of I-485 Application from Employment Based Petition to Family Based Petition

In April 2001 we represented a client in the filing of an I-130 Petition by his brother on his behalf. Our client, an Indian National, was in H-1B status at the time. Our client remained in the United States in H-1B status and his employer filed a Labor Certification Application on his behalf which was approved. An I-140 Petition was subsequently approved in category EB-3 based upon the approved Labor Certification Application and in the summer of 2007 when all priority dates were current our client and his wife filed I-485 applications to adjust status. Earlier this year the priority date of the I-130 Petition filed by our client’s brother became current while his EB-3 priority date remained backlogged. We wrote USCIS to transfer his pending I-485 applications filed with the approved I-140 Petition to the approved I-130 Petition and to transfer the I-485 applications to his local USCIS office in Jacksonville, FL for the scheduling of an interview for him and his wife. Within a month of our letter to USCIS our client received an interview notice from his local USCIS office. Following the interview, which his brother attended with him, our client and his wife received their green cards. Our client was very happy with our services due to the speed with which we were able to help him obtain his green card and due to the fact that we were able to transfer his I-485 applications without him having to file new I-485 applications and pay additional filing fees.

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