I-485 filing for family in India

[milmuk]

Hi experts,

My employer filed for labor under EB3. It was approved in July 2006.My I-140 was also approved in Jan 2007.They had plans to change the category from EB3 to EB2 but the priority date suddenly became current , so they applied for my GC in Aug 07. Now I received the EAD and the FP is also done. My second H1 is valid till Nov 2008.

I have a question regarding my family.
I couldn't apply the GC for my family during August, since they didn’t manage to come to US during those times. My priority date is July 2006. Based on Nov. visa bulletin, the EB2 dates are Apr04 and EB3 are Apr01. My company says that my family has to apply in EB3 category only. My family is presently in India and their visa stamping is till Apr 08.( My previous employer.
Is there any way they can be able to apply for GC, before their H4 gets over? (Apr 08).

My present H1 is valid till Nov 08, so if required they can do the new H4 stamping of Nov 08. I understand that the priority date should be current for anybody to apply but since my GC is already in the process, is any procedure to shorten the waiting period?

Since I already got my EAD, I think my employer won’t file for new H1 after Nov 08.Due to which my family won’t be able to visit US after their H4 expiry.

Can you guide me to a proper solution on this issue?
Thanks for your help in advance!

[waitin_toolong]

request your employer to keep H1 alive because with Pd of 2006 there is no way your PD will be current any time soon, your family can jin you using H4 or if your wife gets H1/F1 of her own.

If you wantd to file for them you should have tried to get them to USA when the dates were current.

If you lose H1 before Pd gets current they will only be able to do follow to join via CP processing. who knows when the dates will be current.

if you have approval of EB2 then it is possible to substitute EB3 labor and keep older PD.