H1b looking to apply for family based GC

[farevalo]

I would really appreciate any advice on my situation. I am currently on an H1b and on the very early stages of the Labor Certification process (my company is sponsoring my GC). I will be married to a US Citizen this summer.
1 - Can I file for Employment Based & Family Based GC simultaneously?
2 - Which one is likely to be approved first?
3 - Do I need to file I-765/131 during the family-based process even though I have a valid H1B?
4 - If I pursue the family based GC, at what point in the process will I be able to work for another company/travel freely (ie. no longer need my H1b)?
Thanks!!!!

 

[ari4u]

I would really appreciate any advice on my situation. I am currently on an H1b and on the very early stages of the Labor Certification process (my company is sponsoring my GC). I will be married to a US Citizen this summer.
1 - Can I file for Employment Based & Family Based GC simultaneously?
Yes. You could file for GC through your citizen spouse. You will have to mention that in your I-485 where it asks if you had applied for permanent residence before. I guess the employment based GC application would be cancelled if you apply for the family based GC and it gets approved. The gurus here can clarify.

2 - Which one is likely to be approved first?
In your case, the family based GC would be approved first. (not considering if you get stuck in the FBI name check process)

3 - Do I need to file I-765/131 during the family-based process even though I have a valid H1B?
Technically you dont have to. You only do that for your peace of mind. Its like having a safety net if something goes wrong with your H1.

4 - If I pursue the family based GC, at what point in the process will I be able to work for another company/travel freely (ie. no longer need my H1b)?
You can work freely when your EAD (I-765) is approved, though many people wait till they are complete with the whole green card process before they switch employers. Its your choice. You can still work with your H1 even after you get your EAD, but the moment you decide to use your EAD for same/different employer, your H1 is cancelled. If your AP (I-131) is approved, you can travel freely. You could still work on your H1B if you re-enter using AP.

Thanks!!!!

http://uscis.gov/graphics/services/residency/family.htm