F1 to GC through sister (US citizen), parents have GC already

[ajayksr]

Hi,

I am a PhD student in Pharmacology and I have been on F1 for > 4 years. I am 35+ yrs old and my visa expires in Nov 2011. My I-20 expires in May 2015. I am planning to graduate either this December 2011 or May 2012.

My sister is a US citizen and she sponsored GC for my parents in 2010 (it took only ~ 6 month in processing, Nashville, TN) and it was approved in the same year.

Can my sister sponsor GC for me too while I am on F-1 or OPT? I have not applied for jobs yet. If she sponsors my GC and I apply for I-485, would I be able to work on OPT, J1 or H1? or any other way? Since, my sister is citizen and parents are permanent residents, I am afraid if I would be able to prove myself eligible for any non-immigrant- visa (specially for H1) category.

What is the right way to proceed from here?

Shall I obtain F1 extension and then head for GC processing?

Or finish graduation and go for OPT or J1 and then process GC? Do I have to get J1 stamped in India if I visit India?

Thanks....

[t75]

H1B is a dual intent visa. You may have a GC petition in the queue and still qualify.

Are you married?

Depending on your country of birth and as a sibling, it is unlikely that you would receive a visa slot before the expiration of a 6 year term. You would best be served by looking for a employer who sponsors as well and have multiple petitions in parallel.

[ajayksr]

Thanks t75 for your reply, I appreciate it!

I am single and we both are from India.

what is 6 year term?

Can she apply GC and I can apply for I-485 or I have to wait till priority date becomes current. It appears that priority dates are current for immediate relatives (in case of parents) or they were just lucky?

H1B are rare in my field of study, specially at this economy crisis time and unless have some experience in US itself. If I get H1B sponsorer, how can I defend H1B interview, if I visit India (emergency). Do you mean I should go for GC after getting H1B?

[Joe.F]

Originally posted by ajayksr:

Thanks t75 for your reply, I appreciate it!

I am single and we both are from India.

what is 6 year term?

The maximum time possible on an H1 is 6 years.

Can she apply GC and I can apply for I-485 or I have to wait till priority date becomes current. It appears that priority dates are current for immediate relatives (in case of parents) or they were just lucky?

An I-485 can only be filed when the PD is current.

There is no quota for immediate relatives, so the PD is always current for immediate relatives.

[t75]

Since you are single, your parents as LPRs can file for you as well. LPR parents cannot sponsor married children and their families so many individuals are unwilling to remain single during the lengthy wait.

[ajayksr]

t75, thanks again for your prompt reply!

My parents are LPR, can they file GC for me while my sister can show financial support on their behalf (my sister is at a very prestigious post in a fortune 500 company)? will it be considered application under "Immediate relative" where PD is always current?

[ajayksr]

I just checked visa bulletin Aug 2011 and found that I will fall in F2B category and wait time is almost 8 years?

[t75]

But, an H1B visa would allow you to live and work in the US during your wait.

[ajayksr]

Thanks t25, I will try for H1. lets see what happens!