Change from employment-based to family-based green card

[nwark]

I applied for my green card via employment with my company. My priority date is Feb 25, 2005 as EB3 skilled worker from India. I received my EAD 7 years ago, and now on my 4th 2-year EAD. My company has renewed my H1B and it is current and valid after 11 years, but only due to my pending green card application.

My company has refused to change my paperwork to EB2 inspite of my 12 years of work experience. At the present rate of USCIS approvals for EB3 it will take me 12-13 years for my priority date to become current. I'm growing anxious and disheartened at the wait, and the loss of opportunities.

During this time, my mother has come to the USA and my brother who became a US citizen, has sponsored her for a green card and she became a US citizen last month as an 'immediate relative of a US citizen'. My family are willing to sponsor me. I can qualify to apply for a family-based green card as both: F1 - daughter of a US citizen and F4- sister of an adult US citizen.

My questions are:

1. Should I remain with my employment-based EAD and risk losing my job and maybe the green card petition over the next 12-13 years? Or should I seek a new green card petition through my family, using F1 or F4 which also have a backlog, but will surely take less than 12-13 years?

2, If I lose my job on my current EB3 EAD, don't I need to get another job in the same job role for the EAD and green card application to remain valid?

3. If I apply for family-based green card, and abandon the employment-based green card, will I need to apply for a brand-new H1-B to continue working in the USA? I'm assuming my 11 year-old H1B will be terminated and cannot be transferred?

4. if I get a new H1B, and the family-based visa does not come through after 6 years of H1B, or if I cannot get another H1B now, will I have to go back home and remain in India till the family-based visa comes through? How long does a family-based F1 visa take, for priority date to become current.?

4. Is there any other way I can continue to live and work here legally, while waiting for family-based F1 visa to come through?

I'd appreciate any answers and/ or advice.

[t75]

You may have both family and employment petitions in process simultaneously.

By the way, it is quite possible that you do not qualify for EB-2 if all of your experience is at your employer. Upgrade from EB-3 to EB-2 is complex and situation specific.

[rambobu]

have the relative file 130. when 130 is approved interfile from eb3 to family based. its just a letter mailed to the service center. i hired MLF to do it. I interfiled from eb3 to spuse of US citizzen. It has been 6 months nothing has happened. They have moved my file to CA service center from TX.