Family Based Green Card for sibling. Sister is U.K. born.

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Hello Everyone

I am currently employed in the U.S. on an H1B visa which is valid through 09.2014 (not yet filed for an employment based GC) and have a spouse who is on an H4 dependant visa. My sister who is born in the U.K. and is going to become a U.S. citizen soon (has a GC currently), is looking to file for a family based GC for us under the F4 category.


  1. Would my application dates fall under the "All Charge-ability Areas Except Those Listed" as per the visa bulletin (http://travel.state....letin_5885.html) or is there a way to know if there is a separate quota for U.K or what are the processing times?. Can you please share a link which would have any related useful information?
  2. Can I extend my H1B while my I-130 petition is in process?
  3. My wife might switch to an H1B in a couple years. Would there be any restrictions/hindrance to achieving that?
  4. Are there any other aspects that I need to consider if we plan to go this route?

I am looking to consult an immigration lawyer but was trying to do some initial research and get some input from some of you who have encountered similar situations. I appreciate any help that could point me in the right direction.

Thanks in advance.

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Assuming the beneficiary of the immigrant petition is born in the UK, the category would be rest of work (ROW). If born in India, China, Mexico or the Philippines, other cutoff dates may apply. The country of birth of the petitioner is irrelevant. Extensions beyond the six years of H-1B classification are permitted based on the stage of a pending employment based immigrant application process. A consultation with an immigration attorney would help clarify next steps.

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