Can F1 holder file I130 under F2B?

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Prasanta

New Member
Hi,

We are of Indian origin and got our GC 2 years back (not yet a citizen). Our son got aged out when we applied for our GC. He pursued his BS and MS in the US with an F1 visa. He recently started a job on OPT. I have 2 questions.

1. When is a good time to apply for his I130 under F2B? If it is not now, what option do we have to get his family based GC?
2. If he goes to India during his OPT he will need a visa stamping to come back. How can he show his ties to his home country when he has no property under his name.

Regards,
 
it’s hard to answer “when is a good time” to apply for F2B without knowing why you didn’t do it as soon as you got your own green cards. Why did you wait?
 
There was a family situation sometime back when he was supposed to go back to India for a few weeks. We were advised (by an attorney) not to do the I 130 as it would create a problem for him to get his F1 stamped and come back.
 
Prasanta said:
There was a family situation sometime back when he was supposed to go back to India for a few weeks. We were advised (by an attorney) not to do the I 130 as it would create a problem for him to get his F1 stamped and come back.
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Some time back … so …is he back? F2B is a long process and I’m not understanding why you would wait any longer than you need.

yes, it could create a problem for him to get a visa stamping to come back, so maybe….just don’t go to India during his F1 /OPT status? Realize that at this point unless he gets h1b right after after his opt he’s going to have to leave the US at some stage anyway. It’s around a 8 year wait for a visa number. Yes you can wait to file until he finishes his OPT, but that just pushes out the date at which he can become a LPR. And the wait time might get longer over time, as it has tended to do. Then the longer you wait and the older he gets maybe he wants to get married, which complicates it further (you’d have to be citizens first but even if that’s the case it adds more years to the wait time)
 
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He didn't eventually didn't go to India and in the US since.

Thank you for the advice. I will apply for his I130 ASAP.

I appreciate your help.
 
Hi,

I submitted I130 in F2B category for my son. He is now applying for his H1B through his employer. What should be his answer to "Have you ever applied for a nonimmigrant US visa before?" The I130 for his F2B was submitted by me. Does that mean he can answer 'no'?
 
Prasanta said:
Hi,

I submitted I130 in F2B category for my son. He is now applying for his H1B through his employer. What should be his answer to "Have you ever applied for a nonimmigrant US visa before?" The I130 for his F2B was submitted by me. Does that mean he can answer 'no'?
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Prasanta said:
He is currently working with is EAD and the same company is filing his H1B
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The pending I-130 is not a NIV. However he has to answer YES to the “Have you ever applied for a non immigrant US visa before” question if he’s currently in the US. He must have used a non immigrant visa to originally enter the US, right? Unless of course he entered the US illegally back when he did.
 
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