Reply
我的 EB2 based I-485 in pending. 因公司倒闭,但我一时难找到类似的工作。我有一成年在美工作的孩子是公民, 我是否可以转 EB2 成 IR-5.
如可以, 我是否要重新申请和等待 I-30 的批准,然后再递交I-485?这种转换是否复杂?请方便时给予帮助。衷心感谢您!
-Yes, you can.
Two choices:
Choice 1. Your son can file I-130 for you and you may also file I-485 concurrently with your son's I-130. This choice may keep you peaceful because you immeidately have family-based I-485 and then, apply for EAD to work for any jobs.
Choice 2. You can ask USCIS to relink your pending I-485 to your son's I-130 (i.e., I-485 interfiling) after he receives the I-130 Rceipt Notice Notice. This choice saves you some money becuase you do not need to file a new I-485, but USCIS may take some time to approve your request of I-485 interfiling. If USCIS deny your pending I-140 based I-485 due to your unemployment before they approve your request of I-485 interfiling, then you have to file the I-485 again based on I-130.
So, I suggest you to use Choice 1.