Can you apply for Fam while Emp-based is in progress

S

staten01

New Member
Hi,

My Labor Cert has been approved and I'm about to file for Premium Processing on the I-140. Once that gets done, I'm told I have to wait for a long time for my 485 since I'm Indian.

Questions:
a) Is it possible for me to file for Family-based since my brother is a US Citizen. b) Can this filing be simultaneous ?
c) How long does this take ?

Thanks.
 
I-130 and I-140 can be filed simultaneously without any problems.

However, only ONE I-1485 can be pending at any given time.
 
If you read the visa bulletin, the priority date for brother and sisters of Indian citizens is Jan 1996

Employment based is at worst May 2001, depending on the category. Also remember that you employment based priority date is the date you filed for Labor.
 
actually, you can have two I-485 pending at the same time. At the adjudication of whichever gets to be adjudicated first, you will be offered to cancel the other one. However, in this case, you will not be able to file I-485 based on your brother's I-130 for another 11-12 years, so there is no problem there.
 
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