I-485 file for sister

[premdice]

HI 

I  am us citizen and i filed her I-130 filed last year and its pending. my sister  on h1b   now and she cant file I-485 because her priority date not current.

1. Can i file I-485 for her(sister)?

2. or she has to wait until  filing date available ?

 

Thanks

 

 

[care_candidate]

There is a huge wait time (10+ years) for sibling category. You can check details on USCIS visa bulletin they publish each month.

[JoeF]

You never file an I-485 for anybody. SHE can file an I-485 when the PD is current, and she is in valid status in the US.

Her H1 maxes out after 6 years. The PD for family category 4, sibling of a US citizen, is more than 10 years out. That means unless she had another way to stay in the US she would have to leave when the H1 runs out. An I-485 can not be filed from abroad, she can apply for an immigrant visa when the PD is current.