Legally staying in USA WITH Family Based greencard

[kmadhubabu82]

Dear All,

I am currently working in USA on H1-B Visa.

My sister is going to file Green card for me in Family based category.

Can I stay legally in USA while my Green card is getting processed or Do I need to go back to my home country ones my H1-B visa is expired.

Appreciate your response on this one.

Thanks,
Maddy.

[immihelp]

You can't.

Sister based green card takes around 10 to 12 years before the priority date becomes current and you can file I-485. You can stay in the U.S. once you file I-485.

Until then, you will have to maintain legal status in the U.S. by some other means, such as H1, F1 etc.