F1 to GC through sister (US citizen), parents have GC already

A

ajayksr

Registered Users (C)
I am a PhD student in Pharmacology and I have been on F1 for > 4 years. I am 35+ yrs old and my visa expires in Nov 2011. My I-20 expires in May 2015. I am planning to graduate either this December 2011 or May 2012.
My sister is a US citizen and she sponsored GC for my parents in 2010 (it took only ~ 6 month in processing, Nashville, TN) and it was approved in the same year.
Can my sister sponsor GC for me too while I am on F-1 or OPT? I have not applied for jobs yet. If she sponsors my GC and I apply for I-485, would I be able to work on OPT, J1 or H1? or any other way? Since, my sister is citizen and parents are permanent residents, I am afraid if I would be able to prove myself eligible for any non-immigrant- visa (specially for H1) category.

What is the right way to proceed from here?

Shall I obtain F1 extension and then head for GC processing?

Or finish graduation and go for OPT or J1 and then process GC? Do I have to get J1 stamped in India if I visit India?

Thanks....
 
If she petitions for you, you won't be eligible to file I-485 for at least 10 years. During that waiting time you must maintain legal status independently of her petition (F1, H1B, TN, etc.) or be outside the US.

H1B allows immigrant intent, so the presence of so many family members in the US won't be an obstacle to obtaining your H1B.

Your parents can sponsor you in the category for over-21 unmarried children of permanent residents, which is a bit faster than sibling sponsorship especially if your parent gets citizenship while you wait.
 
Thanks Jackolantern, I appreciate it!

I am single and +35. my parents are LPR, can they file GC for me while my sister can show financial support on their behalf (my sister is at a very prestigious post in a fortune 500 company)? will it be considered application under "Immediate relative" where PD is always current? actually I put my question in other forum and got this suggestion. I just checked visa bulletin Aug 2011 and found that I will fall in F2B category and wait time is almost 8 years?
 
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You are not eligible for immediate relative of USC processing time. You just have to wait your turn. There are no shortcuts or jumps to the front of the line - even if your sister supposedly is so important in her company. Get an H-1B to work while you wait.
 
If your parents file for you, you won't be considered an Immediate Relative because you are over 21 and they aren't US citizens. You'll initially be in F2B with the 8 year wait, and if they become citizens during the process you can upgrade to family 1st preference which would be about 7 years. However if you get married before the petitioning parent becomes a US citizen, the petition will be nullified.
 
Concerned4us: the idea of discussing job was to know is she can show financial support for me too (on parents behalf, since they are not working); as she already have taken their financial responsibility, not to jump Line. Thanks for your suggestion!
 
Jackolantern: so final result is that family based petition is not useful for me at this point of time, and H1B is the only option left. I understand that H1B need to be stamped in India, if I get it within my stay in US and if I visit India. what about J1, does it also need to be stamped if I visit India? As I said earlier, H1 are rare in my field (available for genius (which I am not), academic positions and lucky people only), also most of the companies are not sponsoring H1 in my field since 2008 crisis. J1 (postdoctoral fellow) are easily available, as US do not have much of their own PhDs to carry out skilled work. 1-2 year work experience in US after PhD will be great for me. also, I am considering returning India, as now India has plenty of jobs in my field with good salary.

Thanks for useful prompt replies! It took only few days to understand whole procedure (with all options explored) enabling early decision.
 
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You should qualify as an EB-2 once PhD and licensure are obtained

If you can find a U.S. employer willing to file a labor certification and then an I-140 on your behalf, you would stand a better chance of getting an immigrant visa.

You are in a STEM field so could qualify for a 17 month OPT EAD. This would allow for an employer to first pursue an H1-B for you or file a PERM labor cert and then go straight to the EB-2 I-140 and your concurrent I-485 after the Labor Cert is approved.

EB-2 is current for all except India and China (PRC-Mainland).

SEE: http://www.uscis.gov/portal/site/us...nnel=816a83453d4a3210VgnVCM100000b92ca60aRCRD about EB-2

http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf about concurrent filing

8 CFR 245.2

(a) General —(1) Jurisdiction. USCIS has jurisdiction to adjudicate an application for adjustment of status filed by any alien, unless the immigration judge has jurisdiction to adjudicate the application under 8 CFR 1245.2(a)(1).

(2) Proper filing of application —(i) Under section 245. (A) An immigrant visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act See §245.1(g)(1) to determine whether an immigrant visa is immediately available.

(B) If, at the time of filing, approval of a visa petition filed for classification under section 201(b)(2)(A)(i), section 203(a) or section 203(b)(1), (2) or (3) of the Act would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application will be considered properly filed whether submitted concurrently with or subsequent to the visa petition, provided that it meets the filing requirements contained in parts 103 and 245. For any other classification, the alien beneficiary may file the adjustment application only after the Service has approved the visa petition.

(C) A visa petition and an adjustment application are concurrently filed only if:

( 1 ) The visa petitioner and adjustment applicant each file their respective form at the same time, bundled together within a single mailer or delivery packet, with the proper filing fees on the same day and at the same Service office, or;

( 2 ) the visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before or after July 31, 2002, and the adjustment applicant files the adjustment application, together with the proper filing fee and a copy of the Form I–797, Notice of Action, establishing the receipt and acceptance by the Service of the underlying Form I–140 visa petition, at the same Service office at which the visa petitioner filed the visa petition, or;

( 3 ) The visa petitioner filed the visa petition, for which a visa number has become immediately available, on, before, or after July 31, 2002, and the adjustment applicant files the adjustment application, together with proof of payment of the filing fee with the Service and a copy of the Form I–797 Notice of Action establishing the receipt and acceptance by the Service of the underlying Form I–140 visa petition, with the Immigration Court or the Board of Immigration Appeals when jurisdiction lies under paragraph (a)(1) of this section.
 
ajayksr said:
Jackolantern: so final result is that family based petition is not useful for me at this point of time, and H1B is the only option left. I understand that H1B need to be stamped in India, if I get it within my stay in US and if I visit India. what about J1, does it also need to be stamped if I visit India?
Click to expand...

Once your current visa expires or your immigration status changes, you have to go for visa stamping at the consulate if you leave the US and want to reenter. Unless you've filed an I-485 and received Advance Parole or the green card itself.
 
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Thanks BigJoe5 and Jackolantern! I will struggle for my stay, for sure. My job search will start from next month, once PhD defense date is fixed, elase in Spring. Can I switch from J1 to H1, while remaining in US? I mean F1 to OPT, OPT to J1 and J1 to H1?
 
ajayksr said:
Can I switch from J1 to H1, while remaining in US? I mean F1 to OPT, OPT to J1 and J1 to H1?
Click to expand...

Yes, except that if your J1 comes with the 2-year home country requirement, you won't be able to stay in the US and change from J1 to H1 unless you get a waiver.
 
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