Family Based GC after Employment GC

D

deecee2000

New Member
Hi Mr. Rajiv Sir,
Might be this question already asked before, but I could not able to find it here. If so please kindly redirect me on that thread.

Some background, currently I’m on H1B visa and my family on H4. My employer filed my employment based GC at 2 years back and currently I have I-140 approved and waiting for my PD to be current. Now my wife’s elder sister who is citizen of US and want to file family based GC for my wife in Brother and Sister Category. I know it will take around 10-12 years to get this, but in case I need to go back to my home country (India) then might be this will help. My question and concern is it impact to me or my family of my current employment based GC at any place? Please advice me that this is good time to file or I need to rely only on my Employment based GC?

Thanks,
Deecee
 
No, it won't affect your employment based GC process, except maybe at the last stages when they are about to approve one case they will ask you withdraw the other.
 
Thanks Jackolantern.
So I assume that if they are going to approve my Employment based I-485 on that time why might be ask me to withdraw my Family Based I485.
Right?
 
There's no danger that your FB4 priority date will be anywhere close to current by the time your EB I-485 is approved, so there will be no FB4 I-485 to withdraw. Worry not.
 
Hey Jackolatern - I have my EB I485 pending plus my FB I485 based is also pending. I was not asked to withdraw my EB I485 during my intereview...they are waiting on my Alien Registeration file.
 
They don't always ask you to withdraw the other case. Sometimes they'll approve one case and then just go ahead and cancel the other.
 
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