forseeing layoff .. considering family sponsorship option

H

hardwrkr

New Member
I am getting subtle and not-so-subtle hints from my manager that our little design site will be on the chopping block very soon.

I have a PD of Nov '04, EB2 RIR.
My brother is a U.S. citizen.

I never considered filing for family based sponsorship b/c the wait list was 10+ years. However by reading up a little I see that it may be possible to
(a) file I-130 and I-485
(b) if I-130 is approved and I-485 is pending then one cannot be out of status. Allowing me some time to look for a job and be here legally.

My questions are:
1. are my assumptions correct i.e. (a) being able to file for I-485 and (b) i.e. not being out of status correct if I-485 is pending

2. say, I look for a job but it takes more than 30 days, am I still required to leave the country when my new H1-B does get approved ?

3. if some day, I have an I-140 approved through an employer and the employer is ready to file for an I-485, is an earlier filing of an I-485 through family sponsorship going to be problematic ? conflicting ?
this can likely happen, b/c even if I start with a PD of 2007, i might still get to the I-485 phase through my employer earlier than through family spon.

right now, its a question of options and to see if I can buy more time to look at employment

thanks in advance
-Vinay

PD 11/04
45 day letter 7/06
RFE 12/06
 
Your borther can only file I 130. You can not file I 485 right now. I even can not file I 485 upon approval of I 130. To file I 485 you have to have visa number available to you. It takes about 10-12 years to become visa number available for you in your category (sibiling bases). More over filing I 130 won't give you any status. So once your H1 expires and you don't extend it then you are out of status.
 
hardwrkr said:
My questions are:
1. are my assumptions correct i.e. (a) being able to file for I-485 and (b) i.e. not being out of status correct if I-485 is pending

2. say, I look for a job but it takes more than 30 days, am I still required to leave the country when my new H1-B does get approved ?

3. if some day, I have an I-140 approved through an employer and the employer is ready to file for an I-485, is an earlier filing of an I-485 through family sponsorship going to be problematic ? conflicting ?
this can likely happen, b/c even if I start with a PD of 2007, i might still get to the I-485 phase through my employer earlier than through family spon.
Click to expand...
1. (a) is not correct and (b) is correct
2. It depends on how your H1 gets approved. If you get I-94 attacehd to H1 approval, you don't need to travel.
3. Won't be conflicting. Even though your EB PD is 2007, I'm sure that EB is much faster than FB.
 
hardwrkr said:
1. are my assumptions correct i.e. (a) being able to file for I-485 and (b) i.e. not being out of status correct if I-485 is pending
Click to expand...
No, unfortunately, for your category - brothers and sisters of US citizens, there is no option to send I-485 concurrently with I-130. It only applies to immediate relatives of US citizens (parents, spouse, unmarried children under 21). And, like Amishah explained, having filed I-130 alone does not give you any status. :(
 
Can you be eligible for H1, which is a non-immigrant visa, if you have already filed an immigrant petition?

Don't know the answer but would be curious to know.
 
jimothy said:
Can you be eligible for H1, which is a non-immigrant visa, if you have already filed an immigrant petition?

Don't know the answer but would be curious to know.
Click to expand...
Yes, because H1 has dual intent.
 
You must log in or register to reply here.
Top