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Convert employment-based petition to marriage-based petition?

This is a discussion on Convert employment-based petition to marriage-based petition? within the Family-Sponsored Visas forum, part of the IMMIGRATION LAW category; I initiated my employer-based petition in CA back in 2006, and have since gone through biometrics and the medical check ...

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Old Jun 7th, 2010, 04:13 PM   #1
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Default Convert employment-based petition to marriage-based petition?

I initiated my employer-based petition in CA back in 2006, and have since gone through biometrics and the medical check up. I believe I am now just stuck at the last stage of the petition, i.e. waiting for the backlog to clear.
I recently got married to a US citizen -- I understand that I am free to file a separate marriage-based petition, but at the same time I have heard that it might be possible to 'transfer' my current employment-based petition into a marriage-based petition (so that I do not have to go through certain steps again, such as the medical check-up, etc.). Is this true, and if so, what are the steps involved?
Thanks in advance!
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Old Jun 9th, 2010, 11:37 AM   #2
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Default Re: Convert employment-based petition to marriage-based petition?

I've since learnt that this process is called 'interfiling' (from EB to FB). Has anyone here been through the process, and what are the pros and cons?
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Old Jun 12th, 2010, 10:01 PM   #3
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Default Re: Convert employment-based petition to marriage-based petition?

Generally speaking an existing petition can be transferred by filing a transfer request. However, in practice, I have seen some transfer requests granted and approved and others simply ignored. This is not to say that the underlying case was not ultimately approved, the transfer just wasn't granted. In both scenarios however, my office was unable to obtain verification (e.g. receipt notice) for a transfer request. In other words, this process, while 100% possible, is not seamless.

I would advise that you speak with the lawyer that filed your employment case. If you would like additional clarification please contact me at Law Office of Amanda R. Goodman (www.ARG-Immigration.com)
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