Can H1B apply for I-485 after inherited remnant application i-130 ?
Hi Friend I am a h1b visa holder, my sister is recent become citizen of USA. I have question that when can I file I-485. Can I apply EAD after I-485 approved.
Answers:
It would be faster to have your employer file an I-140 for you. However as division of the process they have to advertise your job. If a qualified US citizen or green card holder shows up, they own to give your job to them. Once you get the I-140 approved though, if you do, your H-1B will be extended until a visa number become available, no matter how long it takes.
This is a gamble and if you lose, you will hold to wait the 10 years for the I-130. However, you will have to leave the USA between the time your H-1B ends and the I-130 and I-485 travel through.
To record an I-485 a visa must be IMMEDIATELY available to you. If your sister files the I-130 for you it's going to be at least 11 years before a visa is available as that's priority Family-4.
Right now Family-4 have a current date for I-130's filed the week of December 22, 1998 unless you are from Mexico (August 1, 1995) or the Philippines (September 8, 1986).
http://travel.state.gov/visa/frvi/bullet…
First your US Citizen sister must database I-130. It will take about 10 years for I-130 will be approved.
https://egov.uscis.gov/cris/processTimes…
https://egov.uscis.gov/cris/processTimes…
After that since siblings are the 4th preference within immigrant visa, you won't be able to be eligible to apply I-485 for next 12-15 years based on visa availability.
http://travel.state.gov/visa/frvi/bullet…
Resolved Questions:
I am here on a tourist visa, i have applied for extension but get denied,i own a four month outmoded son who's a US?
citizen and so is his father.I have a ten year tourist visa by my i-94 expired in june and i had applied for extension. I hold another 20 days here and then my stay would be illegal. What should...
Where do find current law on the subject of immigration?
i need to find laws that exist http://www.uscis.gov/portal/site/uscis
Answers:
It would be faster to have your employer file an I-140 for you. However as division of the process they have to advertise your job. If a qualified US citizen or green card holder shows up, they own to give your job to them. Once you get the I-140 approved though, if you do, your H-1B will be extended until a visa number become available, no matter how long it takes.
This is a gamble and if you lose, you will hold to wait the 10 years for the I-130. However, you will have to leave the USA between the time your H-1B ends and the I-130 and I-485 travel through.
To record an I-485 a visa must be IMMEDIATELY available to you. If your sister files the I-130 for you it's going to be at least 11 years before a visa is available as that's priority Family-4.
Right now Family-4 have a current date for I-130's filed the week of December 22, 1998 unless you are from Mexico (August 1, 1995) or the Philippines (September 8, 1986).
http://travel.state.gov/visa/frvi/bullet…
First your US Citizen sister must database I-130. It will take about 10 years for I-130 will be approved.
https://egov.uscis.gov/cris/processTimes…
https://egov.uscis.gov/cris/processTimes…
After that since siblings are the 4th preference within immigrant visa, you won't be able to be eligible to apply I-485 for next 12-15 years based on visa availability.
http://travel.state.gov/visa/frvi/bullet…
Resolved Questions:
I am here on a tourist visa, i have applied for extension but get denied,i own a four month outmoded son who's a US?
citizen and so is his father.I have a ten year tourist visa by my i-94 expired in june and i had applied for extension. I hold another 20 days here and then my stay would be illegal. What should...
Where do find current law on the subject of immigration?
i need to find laws that exist http://www.uscis.gov/portal/site/uscis