Green card through marriage & work

[vclva 9]

Hi everyone,

My company sponsored GC for me and my PERM application has just been certified. My Priority date is May 2013. Now they wanted to start the immigration petition under EB3.

However, I just got married to US Citizen couple of months ago and planning to apply GC through marriage in next few months.

I know if I wait for my GC through work, it would take about 2 years to get it, while it would take about 6 months through marriage petition.

Would it complicate the whole process? Can I have 2 applications at the same time?

Thank you! Really appreciate any help here.

[aleful 1,905]

hi

you employer cannot file for adjustment of status until your priority date becomes current. and also to be able to get a gc through your employer you have to be legally in the US since you entered and until you have your interview

if you aren't in the US, the same, your employer has to wait until your PD becomes current to file for the visa.

you have to check on the visa bulletin and the waiting time depends on what country you are from

http://www.travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-february-2014.html

check on the second chart, for employment based visas

I believe it would be faster if your spouse files a petition

[Hypnos 6,578]

You can have an employment-based and family-based AoS in the system at the same time, but for one to be approved the other has to be withdrawn. I have read numerous cases of people with two applications ongoing, and when they go to their family-based interview (which are almost always faster than employment-based) the IO has them sign a form withdrawing their employment-based I-485, because their family-based one cannot be approved until this is done.

[vclva 9]

Thank you both!

I am in the US and have been working here with H1B visa.

I understand that my employer can't file for adjustment of status until my PD is current, that's why it would take another year or 2 years. (Current PD is June 2012)

However, my company inform they want to start filing I-140 immigrant petition for me as the next step. (not I-485)

So what you Hypnos said is the company can still file I-140 for me first. Meanwhile, my husband can still petition for me?

And since my company hasn't filed any I-485 yet, it would be no problem?

[Hypnos 6,578]

Yes, they can both file, but you'll likely have to withdraw one to have the other approved.

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist visas - OP would adjust from H1b ~