Employer based or family based-must decide soon

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MIA_BOS

Registered Users (C)
Hello everyone,

I had applied in August 2003 for Labor certification and learnt that it was approved today. It had been a long wait, and I had given up on it sometime ago. I am quite excited, but also quite confused at this moment, so advise from the gurus will be greatly appreciated.

This good news came just half a day before I see and pay my new lawyer tomorrow for a brand new application (family based)!!! So please keep reading and share your wisdom...

Not-so-short history: Since the LC process has been taking so long, and due to the uncertainty that is attached to it, I decided to apply through my newly-wed wife, who is a US citizen. The lawyer I had talked to about the situation (different lawyer than the company used for LC process) had convinced me toward this family based application. That was couple of months ago, and approval of my LC definitely confused me at this point. My wife moved to a different city/state last year to go to school, and I am waiting anxiouly to follow as soon as I get my green card and get a job there with it. Obviously we want it to be at the soonest time.

My question is: which process, employer based after the LC approval, or the immediate family (spouse) base application is better at this point? I definitely want go with the less painful and shortest route. Are there any advantages to one method than the other? Are the time frames different from this point on? Are there any risks with one or other that might affect my decision? Can I do them both at the same time? Which application would you go for it were for you?

I reliaze that I might be in somewhat a better position at this point, and I am grateful, but I still need to make the best decision for my and my family's future, so any good advise will be really appreciated.

Thanks to all who share their wisdom and support here.
Best
 
I was in a similar boat, had an approved labor and was married to a USC spouse. I chose to file with my USC spouse. I am still waiting for name check clearance. My lawyer had recommended that we file through my USC spouse as I could switch job roles and jobs easily.
 
MIA_BOS said:
My question is: which process, employer based after the LC approval, or the immediate family (spouse) base application is better at this point? I definitely want go with the less painful and shortest route. Are there any advantages to one method than the other? Are the time frames different from this point on? Are there any risks with one or other that might affect my decision? Can I do them both at the same time? Which application would you go for it were for you?
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You can do both.

If you really want to choose one, you should tell us where you are from and which EB category you are in.

Each of EB and IR has pros and cons too.
 
Thanks a lot for the replies.
As for the more info you had asked:
I am from Turkey, and my LC application was EB-2 RIR.
Can you tell me about the pros and cons for each that you had mentioned?

Thanks again
 
You are on EB2 from ROW where the PD is current.
So basically, it won't make much difference to go with IR or EB as you can file immigration petition and AOS concurrently in either of IR or EB path.

Pros for IR : you can apply for citizenship in 3 year if you have plan to do so.
Cons for IR : What you'll get is temp LPR status, not 10 year LPR. If marriage gets trouble within 2 years, your GC will get into trouble too.

Pros for EB: You'll get 10 year LPR status.
Cons for EB: Eligible to citizenship in 5 years if you have plan to be a citizen. changing jobs too soon after GC is not recommended.
 
I was in a similar situation...

It IS legal to do both routes concurrently - USCIS just approves one and denies the other, depending on which one is processed first (depends on their backlogs for EB vs family-based at the time). This allows you to "hedge your bets" on the notoriously variable processing times.

However, and this is a BIG however - having two pending AOS at the same time is an unusual situation (not many people have the opportunity to do that), so it can potentially create confusion at USCIS, which may itself cause some delays in processing while they try to "figure out" how to proceed with your case.

My personal opinion (in hindsight) is that it's better to just pick one route for AOS - simpler to do, and less confusing to USCIS.
Talk to an attorney - they can advise you on which GC route is the best for your set of circumstances.
 
Thanks everyone for the invaluable input they have given. Since I was frustrated like most people with the attorney's indifference, lack of communication and errors on the filled out forms showing lack of interest during the LC process, I had contacted a new lawyer for the spouse based application, and I have an appointment tomorrow that I had set up 10 days ago to give all the necessary documents, make payment, etc. This good LC news came today, and I am going to talk to him about it tomorrow, even though he is not the origial lawyer that took care of the LC process. I hope he won't be biased to advise to go ahead with the new spouse based application simply because he wants to make money. Anyhow, I simply do not want to mess things up by following a wrong or inefficient route after waiting so long, so I hope he will give honest opinion.

The fact that my wife is still a student and does not make money (I had to find a co-sponsor for that), and we are currently living in different cities (I have to be at the company where my H-1B is issued for, and she goes to school in a different city) makes my case a little complicated.
On the EB front though, it looks like it would take longer for me to be able to change jobs, so we will be seperated longer. Also, how important is it if the company is showing profits or not? I don't have information on that part of the company, so i wonder if it makes a diference when it comes to my GC approval?

I feel like a problem child :rolleyes:
Any more ideas as to which way to go?

Thanks
 
MIA_BOS said:
On the EB front though, it looks like it would take longer for me to be able to change jobs, so we will be seperated longer. Also, how important is it if the company is showing profits or not? I don't have information on that part of the company, so i wonder if it makes a diference when it comes to my GC approval?
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I think company is not necessary to be profittable as long as they can prove ability to pay.
When I got GC, company kept losing money though it had enough cash in bank.

On EB, you can safely change job(but need to be same or similar job as being stated on I-140) once 180 days passes after I-485 filing. However, as long as I know, changing geographical location is not mentioned on AC21. If you want to change job location, you had better check with lawyer.

If you are willing to pay extra, you can run both in parallel.
 
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I am in a similar situation except that I am EB3 and the PD is not current so if I chose employment based, it can take from 2-4 years. My PD is Oct 03 and my laber certificate was certified back in Sept 06. It took just about 3 years.

Now my husband just became eligible to be naturalized, we are working on that. My previous and new laywer both suggested (strongly) that I'd just stick with GC through marriage. Even the previous lawyer who could have made more money off me suggested this so he mustn't be lying. If everything goes smoothly, he should be getting his USC in 4 to 5 months (crossing fingers) then hopefully I should be getting my Advance Parole and EAD in 4 to 5 months (?).

Another reason I prefer this is that I can get a second (or third) job and I can leave my current employer if I want to. I am on H1 Visa but no stamp. With Advance Parole, one less thing to worry about.

I'd make sure that you spend a lot of time with your wife and keep all the proof... I don't know like photos of trips, airplane tickets, letters or whatever...that shows your marriage is real.

I am still newbie to this forum. Just my 2 cents.
 
jasmine7103 said:
Another reason I prefer this is that I can get a second (or third) job and I can leave my current employer if I want to. I am on H1 Visa but no stamp. With Advance Parole, one less thing to worry about.QUOTE]

Hi:

You are referring to EAD (Employment Authorization Document) based on marriage I485 application. AP is for travel purposes and does NOT give you any employment privileges.
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pianoplayer said:
jasmine7103 said:
Another reason I prefer this is that I can get a second (or third) job and I can leave my current employer if I want to. I am on H1 Visa but no stamp. With Advance Parole, one less thing to worry about.QUOTE]

Hi:

You are referring to EAD (Employment Authorization Document) based on marriage I485 application. AP is for travel purposes and does NOT give you any employment privileges.
Click to expand...

Hi back,

I realize that AP is for travel purpose. I was saying that since I don't have a stamp on my H1 Visa, (and I prefer not to go to Mexico to get it) so if I get AP, that'd come in handy. :)
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