Should I wait for my Husbands GC or should I apply my own (H1B, process)

[shiv.jad]

Hi,

Me and my husband we both are on h1b, My husband has his I-140 approved. I am working on h1b since Oct 2015. With this situation should i start my GC process with my employer or should I wait for priority date to become current and get EAD? What is suggested, i have few questions to decide on that, however any other points to be noted in process are most welcome.
1. When i have to move from h1b to I-485 EAD, will it be just a transfer from h1b to EAD without affecting my job at that time? Will I have to switch from h1b to h4 and then EAD causing gap in my work?
2. What is better, to file my own gc or to be on EAD?
3. Are there any risks in traveling across the countries when my labor is in progress?

Please guide me and suggest what is best? should i start my GC process or wait for my husband's priority date to become current.

[Collective]

I think it all depends. Were you born in the same country? If your country of birth is different and is not as backlogged as his, it would be better to apply for your own.

1. I think you need to be H4 to be able to apply for EAD. This is because your husband is still H1B, so you would be using the new rule for dependents.

2. I would only bother with your own GC if your country of birth is different and offers a path to getting the GC faster, or if his case is risky for some reason.

3. No risk in traveling while labor is in process. H1B is dual intent so no one will bat an eye even if they know you have labor cert pending (and they normally have no idea).

[Threestep2]

Personally I would go through my own GC process. One never knows if a snag surfaces.

[shiv.jad]

Thanks for the replies. So lets say if i apply my own GC and while my GC in progress my husband's I-485 gets approved. Will i be able to get EAD based on his I-485, or i will have to follow my own GC process only since its already in progress.