Green Card Query

[greenhornet]

My spouse is currently on H1 and his company can file a GC for him only on EB3. I am in the process of getting my H1 and I intend to start working soon. If he files for his GC on EB3 now with the current company, and later if I am able to file for GC on EB2, then will his case automatically be valid under my EB2 filing also ? My question is, can we have two parallel filings and wait for the best ? Or does one application cancel the other? And if so, which gets preference? Thanks in advance.

[sheela]

My spouse is currently on H1 and his company can file a GC for him only on EB3. I am in the process of getting my H1 and I intend to start working soon. If he files for his GC on EB3 now with the current company, and later if I am able to file for GC on EB2, then will his case automatically be valid under my EB2 filing also ? My question is, can we have two parallel filings and wait for the best ? Or does one application cancel the other? And if so, which gets preference? Thanks in advance.

Yes, he can file for you as a derivative & if you get an opportunity to file in EB2, at a later stage, you can have him as a derivative. Once approved, the you guys have to withdraw either one (it may automatically stand cancelled)