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Family based GC:US citizen applying for his sbiling in US with a valid H-1B visa

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  • Family based GC:US citizen applying for his sbiling in US with a valid H-1B visa

    Can US citizen apply family based Green card for his/her sibling who is currently in US with a valid H-1B visa?
    If yes, is it possible concurrently file I-130 and I-485?
    If no, after applying I-130 and before the priority date becomes current (say 10 years) if the sibling leaves the country (coz of the six year limit on H1-B visa), will the I-130 and or Green card process remain valid? Is it required to inform the USCIS and or any other department the sibling had left the country (US)?

  • #2
    Originally posted by sancorn View Post
    Can US citizen apply family based Green card for his/her sibling who is currently in US with a valid H-1B visa?
    If yes, is it possible concurrently file I-130 and I-485?
    If no, after applying I-130 and before the priority date becomes current (say 10 years) if the sibling leaves the country (coz of the six year limit on H1-B visa), will the I-130 and or Green card process remain valid? Is it required to inform the USCIS and or any other department the sibling had left the country (US)?
    1) Yes
    2) Yes

    3) I-130 remains valid as long as the paperwork is okay and the petitioner or primary beneficiary doesn't die.

    4) Not sure about this one. The beneficiary's address could be needed just for info sake or the possibility is that this is the address where correspondence will occur between immigration and the beneficiary if necessary. So when that time comes either contact (via email so you have something in writing) USCIS, NVC or the embassy (depending on which stage your case is at) and ask what should be done. Hopefully someone on this forum will pass by & reply with concrete answers.

    Tell your sibling that they should not overstay on any non-immigrant visa because if they do not fully serve the ban they are facing (3 or 10 yrs) they will be denied their F4 immigrant visa.

    Side note: currently it is taking a minimum of 12 yrs for siblings to obtain an immigrant visa. If you're from Mexico/the Philippines it's much longer.
    Last edited by aaydrian; 12-27-2012, 12:07 AM.
    F3
    My priority date - June 7, 2002


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