H4 (EB3) & H1B apply for Green Card - Separately

Hi Group Members,

My spouse had H1B 3.5+ years ago. His company is processing GC for him but it takes too long. Currently, the company still has NOT submitted PERM to DOL yet (prevailing wage is still processing by DOL). Just scared in WORST CASE that the company may be STOP the hold process because of the Economic Depression, OR LC, I-140 denied for some reason in the future, WHO KNOWS :frowning:

I had H4 and I want to apply for EB3. Both of us are in the USA now. If I am lucky, I can get a GC by myself. Is it LEGAL if 2 of us to apply for GC in a SEPARATE process? Does it affect anything to my spouse OR me during our separate GC processing time? My visa is still valid for around 2.5- years, so does it enough for the EB3 process?

Additionally, I also heard that AT THE TIME when we got I-140 APPROVAL before our current visa expired. It means we are legal to stay in the USA, and we don’t scare about our current visa expiring or not. Is it right?

Please share your experience and advice. Thank you.