Can a H1B petition be used for 245(i) benefits?

Hotbay

Hotbay

New Member
Hi guys, first time posting here!
Im currently the beneficiary of a F2B application, but Im on the brink of getting married, and the 7-8 year wait would pretty much end our relationship.
My parent applied for an h1b visa back in the 2000s, i know this is not a labor certification, but i read the law and being a bit confused for it didn’t seem to rule out h1b, I know this is a long shot, but can i use the h1b to apply for AOS under F2A? Meaning i apply as a grandfathered beneficiary and ask USCIS to consider me as a child, avoiding the decade long wait, has anyone attempted this before?
 
No. First, you can use INA 245(i) only if you were the beneficiary of an immigrant petition (I-130, I-140, I-360, or I-526) or permanent labor certification (ETA Form 750), filed before April 30, 2001. Nonimmigrant work petitions do not count.

Second, INA 245(i) grandfathering has nothing to do with what category you are in. If the only immigrant petition that you have now is in the F2B category, then you are still in F2B with INA 245(i) grandfathering. The only thing that INA 245(i) grandfathering does is make it so that you are not disqualified from AOS due to having entered illegally or being out of status.
 
newacct said:
No. First, you can use INA 245(i) only if you were the beneficiary of an immigrant petition (I-130, I-140, I-360, or I-526) or permanent labor certification (ETA Form 750), filed before April 30, 2001. Nonimmigrant work petitions do not count.

Second, INA 245(i) grandfathering has nothing to do with what category you are in. If the only immigrant petition that you have now is in the F2B category, then you are still in F2B with INA 245(i) grandfathering. The only thing that INA 245(i) grandfathering does is make it so that you are not disqualified from AOS due to having entered illegally or being out of status.
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Thanks for the reply and clarification, was expecting it wouldn’t work, I’m just kinda desperate since id have to give up my F2B or give up my fiancé, are there any other methods to obtain a GC that doesn’t require a decade long wait? Parents are LPRs and sibling is USC, I’m the only chump that’s stuck :(
 
Were you already 21 when your parent filed the petition for you? Is your fiancé willing to live with you "as if" you guys were married, without actually being married?
 
newacct said:
Were you already 21 when your parent filed the petition for you? Is your fiancé willing to live with you "as if" you guys were married, without actually being married?
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Yes, i was over 21. We’ve talked about the as if route but real marriage is really important in our culture I’m afraid sooner or later we’d have to deal with it. Thanks for your input!
 
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