GC through marriage and labor

L

LCSilence

Registered Users (C)
One of my friends ran into this situation, and any advice will be greatly appreciated!!!!!!!

1. He is currently laid off by a company. But he has a future job offer and the labor has just moved to DOL. But the prospects of finding a sponsorship job is low and he may have to wait for his EAD come through, which may take anywhere from 6 months to a year.

2. He has a long-term American Citizen girl friend. They are close to getting married. So he could file marriage based GC and get EAD through that channel.

Now the question is: Labor based GC is not conditional, but marriage based is. So he thinks (also because of some ego), it is better get GC through employment. Could he file I485 through marriage and get EAD, so he could start to work again. And file I485 again through employment afer labor is approved? In short, he wants to get GC through employment, but at the same time, he wants to start to work as soon as possible -- it hurts to be jobless. Hence wants to get EAD through marriage. Is this doable?
 
File both parallel cases

GC through merriage is almost always the fastest. If he wants to get GC very soon or the GC through LC in uncertain or too slow, it's really worth to go for it through merriage;
If he prefers to get GC through LC, he should try it. There are cases that merriage did not work out and I saw that kind case too before the guy got GC. GC through LC can be a backup.

"Labor based GC is not conditional", it's not true. he has to stick to the company who sponsors his LC at least till his 485 with approved 140 past 180 days.
 
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What a hypocrite! Asking somebody to marry a jobless guy and still talking about ego?! Like a whore claiming virginity.
 
Mylvka,

So he could keep his GC through labor case while file I485 through marriage?

Does that mean he is going to get two Green Cards?

Thanks,
 
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Check relevant filing documents

He cannot get two GCs. When filing, there are some places asking if any similar cases had been filed. Given the time difference of approving different cases, he will get one faster than other. I am not familiar but I heard someone filed this way or similar way, two cases towards GC.
 
Could he decide which one he actually want? For example, INS schedules an interview for GC through marriage, his employment based case is still pending at 485 stage. Could he then tell INS he actually wants LC based GC. What will happen to his EAD ( he gets that through Marriage)? OR, if he filed two GC cases, he could get two EADs???

Thanks,
 
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