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Old 10-16-2010, 05:48 AM
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Default Family based Green Card and Employment status in USA

Hi,
My employer has filed my Green Card and is currently in I-140 pending status.

Also, my brother became US citizen recently and I want to know how different is the process here when compared to employment based. I have seen websites and understand that I will be in 4th preference category through Family route.

1. Since I am already here working on H1 VISA with Less than a year left on my H1, how an I-130 (family based petition) can help me extend my stay in this country which also allows me to continue working ?
2. I did see couple of posts on internet, that I can have both the GC processes going on in parallel. However, is there any advantage in starting the family based GC ? like - less chances of rejection at some stage or easier to extend employment status here while my application is pending/ in-process ?

please let me know.

thanks,
Rahul
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  #2 (permalink)  
Old 10-16-2010, 10:19 AM
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Default Gc

You cannot extend H1B with family based I-130.
Only benifit is its sure outcome and movement than EB3.
So keep H1B and extend it by using employment based GC process, till your family based PD is current.
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GREEN CARD APPROVED IN EB2
I am not a lawyer. This is my personal opinion.
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