Can I file a family based GC, when my Employment based GC is still pending?

[DeCgC_007]

Hi,
I would like to know if I can file a family based GC, when my Employment based GC is still pending? Any issues with that related to H1-B extension / transfer / stamping?
Is there anyone in the same boat? You can send me PM as well.
Thanks.

[ari4u]

Originally Posted by DeCgC_007

Hi,
I would like to know if I can file a family based GC, when my Employment based GC is still pending? Any issues with that related to H1-B extension / transfer / stamping?
Is there anyone in the same boat? You can send me PM as well.
Thanks.

Yes you can file. Family based GC is faster (especially for immediate relatives of a USC). What stage is your employment based GC currently at?

[DeCgC_007]

Originally Posted by ari4u

Yes you can file. Family based GC is faster (especially for immediate relatives of a USC). What stage is your employment based GC currently at?

My current Employment GC is at LC in EB3 stage. Due to retrogression I will not be able to apply for I-485 (god knows till when). My spouce is a GC holder not USC. Hence, I think I can file only I-130 (correct me if I'm wrong) and wait for it to get approved and then file I-485. My questions is while I-130 is pending, can I extend my H1-B based on my employment based pending LC (more than 1 yr) without any issue? Also while getting the new H1-B stamped on the passport in US consulate abroad is there any issue?

Please advise.

[ari4u]

Originally Posted by DeCgC_007

My current Employment GC is at LC in EB3 stage. Due to retrogression I will not be able to apply for I-485 (god knows till when). My spouce is a GC holder not USC. Hence, I think I can file only I-130 (correct me if I'm wrong) and wait for it to get approved and then file I-485. My questions is while I-130 is pending, can I extend my H1-B based on my employment based pending LC (more than 1 yr) without any issue? Also while getting the new H1-B stamped on the passport in US consulate abroad is there any issue?

Please advise.

Looks like you have a long wait time with both options. If your spouse can become a citizen and sponsor you, then things might be pretty fast. You are right, for now, you have to file I-130 and wait for a visa number and PD to become current before you can file I-485.

Im not sure if i can answer your question of H1 extension because on one hand you would have a I-130 from your spouse and on other hand a pending LC from your employer. The gurus here can clarify that.