Employment based to family based upgrade.

[fanat1c]

I will be on H-1B starting Oct 2009. My employer has agreed to file for my employment based green card as well and they are quite reliable. I work as a software engineer with an advanced degree from here, so im not really sure what employment based category.

my girlfriend who is a US born citizen, and I plan to get married sometime in a couple of years. Can i upgrade my EB petition to family based at that time and get past all the queues. also what happens if my family based petition does not get approved, do i still go back to my EB one?

[fanat1c]

no opinions at all?

[Jakie]

Employment based to family based upgrade.

As soon as you get married with your US born GF then after 3 yrs you have to stay with her and then you can apply or change your status from EB to GC.

I hope this helps.

[joetest42]

after you get married, go talk to your company lawyers. They should be able to refile for the family based GC. You should get a GC soon after you marry a USC, not 3 years.