GC through Employer or Spouse.

[rr1122]

I have filed for GC through Employment in EB2 category my 485 is pending in the mean while got married to a GC holder and my spouse applied for my l130 under F2A preference.

1) Can we have 2 simultaneous applications for GC in mean an employment based and a family based.

2) I still maintain my H1B status and i have EAD will filing GC under family based effect my immigration status.

3) Can my spouse upgrade the i130 from F2A to immediate relative once she gets her citizenship.

Thanks.

[catx]

It my understanding that the answers to your questions are ...

Yes, it is recommended that you pursue all applicable permanent residency (green card) processes in parallel and use the one that gets approved first. (I found out too late, because of some misleading legal advise, that we could have pursued a family based permanent residency in parallel with my employment based process. If we had done that we would have had our permanent residency (green cards) a few years ago.)

No, you cannot have a H-1B visa and EAD at the same time. You should be able to continue on your H-1B visa and not apply for an EAD while the permanent residency (green card) processes proceed. Staying on your H-1B visa is suggested because it is yours, while the EAD is tied to your wife. If you go onto an EAD and something (unforeseeable) happens and you lose your EAD you would be out of status. (Admittedly there are other factors that may make an EAD the recommended course of action.)

Yes, I believe your family based category can be changed if your wife gets her citizenship.

The best advice, and recommendation, is to consult with an qualified, experienced immigration attorney for the proper answers to your questions (and not rely on posts on a forum such as this one).