Change in visa status

[rahul58]

Hi,

My wife who was working with an employer, have recently quit the job and her H1-B was withdrawn by her employer. I’m currently on H1-B as well and was planning to do dependent visa (H4) for her.

Meanwhile, I was wondering if we could file GC on a family category, through her own Sister, who is a US citizen.

Please let me know if there are any legal complications in doing GC for my wife if her sister files I-130 for her and the processing times? In that case can my wife remain to be in the country or will she go out of status?

Or is it advisable to have her in H4 and to file GC at a later point of time (if at all, possible)?

Thanks for any insights.

[Belle]

You need to take a hard realistic look at how long it will take for you to get green cards in FB-4 category first. The H4 won't interfere with the I-130, but that may be the least of your worries.

[pontevecchio]

It takes 10 years. She may need to leave the country and come back on a H4 visa.

[reju]

Your wife's sister can apply for your wife. She would fall in the F4 category whose current priority date is March 2000. So the faster channel to GC for you would be through employment and not family. This application has nothing to do with your current status. Your wife has to be on H4 or H1 to be in status.