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Can I file a family based GC, when my Employment based GC is still pending?
- Thread starter DeCgC_007
- Start date
DeCgC_007 said: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?
ari4u said: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.
DeCgC_007 said: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.