Employerbased GC to Familybased GC

[seeker_14]

Hi,
My employer applied for my green card (labor cert. non-PERM ) February last year from New York.
I got married to a US Citizen mid last year.

I now want to apply through my spouse.

Do I absolutely need to stop the application from my employer? OR
Could I just start applying for my green card through my spouse?

Thanks in advance for your help.

Thank-you.

 

[ari4u]

Hi,
My employer applied for my green card (labor cert. non-PERM ) February last year from New York.
I got married to a US Citizen mid last year.

I now want to apply through my spouse.

Do I absolutely need to stop the application from my employer? OR
Could I just start applying for my green card through my spouse?

Thanks in advance for your help.

Thank-you.

You are okay. Both applications can be processed in parallel. The first one to be approved will cancel out the other as you cannot have two green cards.

 

[seeker_14]

Thank you for the reply.

 

[AOS_GUY]

In my opinion family based green cards are much faster and you can get citizenship in 3 years. What phase is your employment case. Is it an RIR? Is it an immigration case yet or is it in the DOL stage? I would definietly file a marriage case... you can get a GC in less than a year...change jobs whenever you want and citizenship in only 3 years.
You don't have to stop your employment case especially if DOL is reviewing your qualifications. If the case is still in the DOL case USCIS is not even aware of it yet.
DOL = Department of Labor

 

[GotPR?]

In my opinion family based green cards are much faster and you can get citizenship in 3 years. What phase is your employment case. Is it an RIR? Is it an immigration case yet or is it in the DOL stage? I would definietly file a marriage case... you can get a GC in less than a year...change jobs whenever you want and citizenship in only 3 years.

Even though one gets GC through marriage in a year, it is still 2 years conditional and it is constraint.
If s/he is on EB1 or EB2 from rest of the world, let's say 6 months for PERM, 6-12 months for I140+I485 unless it got stuck in name check. It depends on individuals.