Marriage based green card with pending I-485 from EB2

[PRS]

Hello,



I have been in US for more than a decade and have been working on H1B for a long time. My employer did file for my GC process under EB2 in 2009 and my case has priority date of Feb 2009. I have got my EAD / AP in 2014 and I did get Biometric exam appointment letter from USCIS in Nov 2014. I did go for the appointment and got my biometric exam (finger printing) done. However, the date retrogressed and since then I have renewed EAD/AP 2 times . This year I got married to a US Citizen. I had few questions about it:


1. I was wondering if I can file GC under marriage based process.

2. If I file under marriage based GC, then what happens to the pending I-485 from my employer?

3. What are the pros and cons of filing marriage based GC at this stage of my already filed GC process from my employer (pending I-485)?

Thanks
PRS

 

[newacct]

1. yes
2. nothing. They both continue and whichever one finishes first counts, and the other is abandoned.
3. If you get GC through marriage now you will become a conditional permanent resident, since you have been married for less than 2 years (unless you wait until almost 2 years to apply so that it's approved after your 2nd anniversary). That means you will have to apply for Removal of Conditions almost 2 years after you get your GC. With your employment-based GC it would be non-conditional.