I am a conditional permanent resident as a dependent of my family''s I-829 case that has been pending for over 10 years. My employer now decides to start an EB-3 petition for me. I am wondering what my options are once my EB-3-based I-140 is approved. I am not from any backlogged countries. Can I remain in the U.S during this transition period? I understand at some point I will need to give up my conditional green card first. Do I have to leave the U.S. then?
Your employer can begin the process, and when it is time for adjustment of status, you would have to request withdrawal of I-829 and permanent resident status before you can proceed any further. Maybe by that time, your I-829 processing would be completed and you will not have to take the last step. Also disconcerting is that your I-829 has been pending for 10 years. That should be looked into also before proceeding with the EB-3 processing.
At the EB-3 interview, you can withdraw your I-829 and proceed with the adjustment on the EB-3 case.
It is best to surrender your conditional card and then consular process the EB-3 abroad.
You may apply for as many immigration benefits for which you are eligible at the time of filing.
You can pursue the EB-3 but, if it is successful and the I-829 continues to languish, you will have to eventually give up the EB-5.
It would be difficult and most likely you would need to leave the U.S. and return on the EB-3.
You will need to leave the United States to pursue immigrant visa processing abroad; conditional residents are not eligible for adjustment of status in the United States and withdrawing you from your parents? I-829 is dangerous in an employment-based case.
The filing of an I-140 itself does not affect you. Once it is time to file for adjustment of status, you will need to give up the conditional green card; your attorney will guide you in this process and you do not have to leave the U.S.
