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I have an F2B preference immigrant petition that has been pending since 1994. Now that my mother has just became citizen, how do I change my preference to first preference?

Submit the proof of mother's citizenship when filing the adjustment or requesting consular processing. If your priority date is not yet current under first preference, then you would have to wait until it is current before doing the adjustment or consular processing.

What are the procedures for converting from H1 to H4? How long will it take?

You need to file a change of status application (I-539) with the INS and submit the INS filing fee of 0, evidence that you currently are in valid legal status and evidence of the marriage to the person on H1B. It could take INS anywhere from 6 to 9 months to make a decision on a change of status application.

I am filing for adjustment of status now because my priority date is current. What will happen if the priority dates go back to being not current?

As long as you filed for adjustment of status when your priority date was current, the INS will continue to renew your EAD and advance parole, but they would not be able to issue green card approval until the dates again become current.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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