GC applied...currently on H1

[mnimesh1]

I am on H1 visa and my company has filed for my GC and is still in the labor stage. My current H1 expires on Dec-09.
I also have filed for my GC thru wife (she is a permanent resident and has about 2 yrs to become a citizen)
On this basis can I stay here in US legally in case I get laid off from my company since my GC appln thru my wife is pending since last 3 yrs?

 

[nkm-oct23]

You can stay only if your priority date for GC application as a spouse of GC holder is current and have filed application to adjust status I-485. Otherwise you will have to maintain H1 status.

 

[GotPR?]

The scenarios to stay in the US legally are one of followings.
1. Your LC was filed before Dec 08 and extend H1
2. Get I140 approved before H1 expiration and extend H1
3. I485(based on employment) filed before H1 expiration.

 

[Jackolantern]

On this basis can I stay here in US legally in case I get laid off from my company since my GC appln thru my wife is pending since last 3 yrs?

No, to stay legally you have to depend on applying for an extension on your H1 (which you would be eligible for if your labor cert. was filed before completing your 5th year of H1), or filing I-485 based on your employer's I-140.

If that doesn't happen by December, you should leave the US until your wife becomes a citizen, otherwise you'll be hanging around illegally and subject to deportation if caught.