GreenCard through Parents

[jsolanki]

Hello, I am currently on 7th year of my H1. Due to my labor pending with DOL, I got extension for 8th year and my H1 is valid upto Nov. 2014. My parents recently became US citizen and now I am going to file I-130 for my family through my parents. I have gone through many websites including USCIS that only immediate relatives can file I-130 & I-485 concurrently. I am falling in Preference Category (3rd category) of Family based immigration.
Current cut-off date for F3 category is Sep 2003 (10 yrs). If my H1 expires or if I am out of my status here in US after filing I-130, how it can help me? Can I stay here in US or I have to go back to India and wait for my date to be current?

Please help me if anyone have idea.

Many thanks in advance.

[immihelp]

Until your priority date becomes current, you will have to maintain your legal nonimmigrant status on your own or leave US and stay outside US until your turn comes.

[jsolanki]

Until your priority date becomes current, you will have to maintain your legal nonimmigrant status on your own or leave US and stay outside US until your turn comes.

Thank you for reply! After I-130 is approved, is there any way I get EAD (Not GC) and can stay in US on EAD until priority date becomes current.

And what if I apply I-130 & I-485 concurrently?

Thank You!

[immihelp]

You can't get EAD until you file I-485.

And you can't file I-485 until your priority date is current. Therefore, you can't file I-130 and I-485 concurrently.