Employment Based GC and Family Based GC

[permaudit]

Hello,

My employer has filed for GC and my I140 is approved under EB2 with Oct2012 PD. My brother who is a US Citizen also wants to file for a Family based GC now, given that it takes 12+ years for F4.

But can he apply for Family based GC at this point in time and can both the employment based and family based petitions run in parallel?

Would there be any impact on my Employment based petition with this filing?

Please let me know.

Thank you!!

[JoeF]

There is no problem with both an I-140 and I-130 being filed with you as beneficiary.

There should only be one I-485, but I guess it'll be a while before you can file an I-485.

[t75]

Since you qualify for both, do both. Employment will likely occur first but you have the backup plan if something goes wrong with it.

[catx]

Absolutely do both. The first attorney I worked with, that was hired on behalf my employer at that time, suggested that there was no need to file an I-130 petition for my wife as a married daughter of a U.S. citizen (her mother who was born and lives in the U.S.) as the wait time for the F3 category was many years, and we would get our permanent residency (green cards) sooner through my employment based process. Because of delays associated with my employers related to their company size (I worked in a highly specialized area related to engineering), I changed my area of specialization so I could work for a larger company, and am waiting for my priority date to become current. In the meantime, if an I-130 petition had been filed for my wife, we would all have our permanent residency (green cards) by now -- a tough lesson that has cost us a lot of opportunity.

[permaudit]

Thanks all for your responses. Given the immigration reform, I guess its best to proceed further on it as a back-up plan.