forseeing layoff .. considering family sponsorship option

[hardwrkr]

I am getting subtle and not-so-subtle hints from my manager that our little design site will be on the chopping block very soon. we are in the cellphone biz and it has been going through a slowdown of late.

I have a PD of Nov '04, EB2 RIR.
My brother is a U.S. citizen.

I never considered filing for family based sponsorship b/c the wait list was 10+ years. However by reading up a little I see that it may be possible to
(a) file I-130 and I-485 concurrently
(b) if I-130 is approved and I-485 is pending then one cannot be out of status. Allowing me some time to look for a job and be here legally.

My questions are:
1. are my above assumptions correct
2. if I cannot transfer my H1-B in 30 days am I still required to leave the country when my new H1-B does get approved ?
3. if some day, I have an I-140 approved through an employer and the employer is ready to file for an I-485, is an earlier filing of an I-485 going to be problematic ? conflicting ? I believe this is the case, but I wanted to check.



thanks in advance
-Vinay

PD 11/04
45 day letter 7/06
RFE 12/06

 

[del0175]

1. are my above assumptions correct
Yes.
2. if I cannot transfer my H1-B in 30 days am I still required to leave the country when my new H1-B does get approved ?
Not sure if the question is clear to me.
3. if some day, I have an I-140 approved through an employer and the employer is ready to file for an I-485, is an earlier filing of an I-485 going to be problematic ? conflicting ? I believe this is the case, but I wanted to check.
No. You can have two applications pending at the same time. When you get approved for one, just send a letter to USCIS saying that you have been approved and the other file should be closed.