Sponsor Family based GC for sister ( on H4 ) and in USA

[Arjun Shinde]

I received my US citizenship last week . I am yet to receive my passport.I want to sponsor family based greencard for my sister (age 39).

Here is the situation.

1. My sister is currently in USA on H4 VISA
2. My sisters Husband is on H1 and he has applied for greencard via his employer (EB2)
3. She will be possibly receiving EAD card soon.

Considering the wait times for EB2 I am thinking of applying for family base green card for her just as a backup. Which ever comes first she can use that.

Here is my Question:

Can I apply for my sister who is already in US on a H4 visa.?
Any Ideas?

[R78]

Yes you can file an I-130 ($535) which would be independent of their work based greencard application.
Once this application is approved you need to wait to file for I-485. Current wait is approx 15 yrs for India in this category.

[Enub4]

The country of birth is India for both? Is your sister expecting H4 EAD?

[samratarya]

My brother applied F4 category greencard (Sibling) around 2009 and it is moving very slowly because of 7 % country cap. For India roughly take around 20 yrs to 30 yrs (Pls check Greencard calculator). Now a days applying F4 greencard is completely waste of money and time. If the kids cross 21, then they will be out of greencard process (Age-out). Let them be in EB2 that is little faster than F4.