Process for Applying GC on parents basis

[samrulesusa]

Hello Friends,
My parents recently got their GC, currently I am on H1-b can you tell me what are the steps involved in applying for a GC on their basis and whom should I get in touch with to apply for the same,also will it be faster to apply Green card on my parents basis or to apply with my employer.

Please guide me.

Thanks in advance.

Regards,
Sam

[rex1960]

That depends on whether you're married/unmarried older/younger than 21. Whats your nationality ?

That all determines your category and whether or not a Visa Number is currently available or if you'd have to wait.

[samrulesusa]

I am over 21 and also married and have indian nationality...so in that case what would be the result.

Thanks in advance for your cooperation and support.


Regards,
Sam

[rex1960]

In that case you're considered

Married Son of a Legal Permanent Resident

You got to wait until your parents got their citizenships. Until then you're not eligible for AOS as a relative.

Check this out
http://travel.state.gov/visa/frvi/bu...etin_2978.html

You might need to reed this specifically

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

As you can see there is no category for married sons of LPRs.

In the moment your parents become USC, you'd fall into the 3rd category.
With this information you can look up the Family Based Immigration Priority Date for India, which is 08SEP98 as of this bulletin. Basically that means the waiting period as of now is 8 years.

Now you can also check out the information on employment based preferences. In case you find yourself in any of those categories (if not you're not eligible) you can again look up the priority dates for India and you'll know if that's faster than family based.

I hope that helps.

Experts, please correct me if I'm wrong, but that's how I understand the process

[samrulesusa]

Hello ...
Thank you very much...what I understand from this is that I cannot take the advantage of their green card and apply for my untill they themselves become citizen...this will add too much time ...is there an alternate route ??? if yes then do suggest.


Thanks
Sam

[GotPR?]

Only other way you can go with is employment GC.