Can we withdraw green card application through H-1 and re-apply green card through marriage?

[Dorane 0]

Hi:

My friend summit I- 485 and 140 to adjust status from H-1 to PR at the end of last year and USCIS said they are out of number. So, she probably has to wait for another year or 2.

She just married a citizen last month.

Can she withdraw her current AOS and apply another AOS now?

How fast can the withdraw be processed?

Does she have to leave the country before she apply new AOS?

Or, can she just apply a new one while the H-1 one is pending?

Thank you very much.

Dorane

[Dr_LHA 3]

Your friend can file a new application based on the marriage. There is no need to withdraw the other application, but the likelihood is that the new application will be approved before the I-140 is.

[ryncarr 0]

Dorane,

Your friend can have two petitions at the same time. She can file her I-130 and I-485 at the same time while the H1 petition is pending. Also she can apply for an EAD card so she has a fall back in case something happens to her H1.

I hope this helps.

[Dorane 0]

Dorane,

Your friend can have two petitions at the same time. She can file her I-130 and I-485 at the same time while the H1 petition is pending. Also she can apply for an EAD card so she has a fall back in case something happens to her H1.

I hope this helps.

Thank you Thank you guys. **

Dorane

[Dorane 0]

Dorane,

Your friend can have two petitions at the same time. She can file her I-130 and I-485 at the same time while the H1 petition is pending. Also she can apply for an EAD card so she has a fall back in case something happens to her H1.

I hope this helps.

oh, Sorry, I am a little confussed here.

My friend is currently applying I140+I485 (through employment), not applying H-1.

So, can she apply I-130+I485 (through marriage) while I-140+I485 is pending? Since these 2 petitions are in different categories?

Thanks again.

Dorane

[Dr_LHA 3]

oh, Sorry, I am a little confussed here.

My friend is currently applying I140+I485 (through employment), not applying H-1.

So, can she apply I-130+I485 (through marriage) while I-140+I485 is pending? Since these 2 petitions are in different categories?

Yes, you can have 2 pending AOS applications in 2 different categories.