AParmar Posted October 27, 2017 Report Posted October 27, 2017 Hi, I have H1B visa. My Brother is USA citizen. If he help me with Family based immigration to file I130, 1. I130 might take 6 to 7 years and then to file I485 which might take few years. For that I have to maintain my legal status here means I have to continue on H1b visa that long which might be issue because after 6 years unless employment based immigration process is going on I can not get h1b extension. Is there any way I can get extension based on family based petition ? What will be impact of my H1b visa status in case we file family based immigration petition ? 2. Can employment based green card petition and family based immigration petition filed together ? Please guide... Thanks in Advance!
pontevecchio Posted October 27, 2017 Report Posted October 27, 2017 The I-130 will be processed now. But approval still means a 14 year wait for AOS or Consular Processing as the case may be. H1 status is not affected. H1 is dual intent. They may not give you a tourist visa for future visits in view of Immigrant Intent. You may choose toreturn for one year and come back with a fresh H1 for 6 years and so on. EB and FB are separate beasts.
JoeF Posted October 27, 2017 Report Posted October 27, 2017 An H1 can not be extended based on a family immigrant petition.
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