Family based immigration petition for H1B

F

freerhyme68

New Member
Gurus please help!
I am on H1B and my visa expires in Jan 04. I have a I485 (Employment based) pending (PD: 9/02). My sister is a citizen and she wants to file for my immigration petition(I may be layed off in the near future). Is it possible to Adjust my status based on the new petition. My Employment based petition is with NSC and the family based will be with TSC. What forms do I need to fill out. Your urgent response will be highly appreciated as I am running out of time. Thanks in advance.
 
You are much better off with the EB 485 petition. Your sister's petition for you will become current only in 10-12 years from now. You cannot adjust status until the petition becomes current.
 
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You might be ok even if you get laid off on your employment based I-485 since its been more than six months since filing per AC21 regulations ( check out either this website or murthy.com for more details on AC21).

Having your sister file petition is of no use to you as it takes too long - you cannot adjust status based on your sister's petition until a very very long time.
 
Originally posted by mgh2001
You might be ok even if you get laid off on your employment based I-485 since its been more than six months since filing per AC21 regulations ( check out either this website or murthy.com for more details on AC21).

Having your sister file petition is of no use to you as it takes too long - you cannot adjust status based on your sister's petition until a very very long time.
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I agree.
 
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