Immigration Site

news, advice, info

Topic1 Family or Employment

Family or Employment

Hello All,

I am on H1B, working here in USA. My sister lives here and she is a citizen. She wants to apply for my green card. At the same time, I want my company to process green card for me. Now my questions are

I) Which one is faster? Which one should I go with?

II) If I apply for green card, will my H1B be invalid and I cannot work here or I cannot go back to India?

Thanks,
joy

Filing in both categories is best. Employment is faster - generally - but more risky.

H1 is faster for sure, your sisters petition will take 9-10 years.

Applying for a family-based GC will not affect your H1B. The H1B is dual intent, and the pending FB application wont cause a problem when entering the US with the H1B or extending it.

However, because sibling petitions take 9-10 years to become current, you will have to leave the US when youve used up your 6 years of H1B, unless you have a pending employment-based GC process that would allow you to file an EB I-485 and/or extend the H1B beyond 6 years. Or (unlikely) you manage to stay in the US on some other basis.

So this is not a matter or family or employment-based; you should pursue BOTH if you can.

 
Other

National Interest Waiver 1