Family GC process, Status to stay in US while GC is in process

[sg1626]

Dear all,

I am in US currently on H1B status and my H1 is valid until 2011 April. My sister is a US citizen and she wants to sponsor my GC. Can some one please clarify below:

1. Can I apply for `I130 and I485 together? If so, will I be losing my status to live in US in 2011 April when my H1 expires and my GC is still in processing or can I have alternate status to stay in US.

Thanks in advance for you help. rgds,

[immihelp]

No, you can't do that. Sibling based petition (F4) takes the longest, around 11 to 12 years. Until then, you will have to maintain legal status on your own by some other way or go outside the US.

You can file I-485 only when priority dates are current which takes around 11-12 years.

[sg1626]

thanxs for the info