GC Through Family

S

seinfeld

Registered Users (C)
Hi
A friend of mine has run into a problem which I am hoping someone here could help us solve. She is an Indian citizen but has been in the US for over 10years .. mostly on a student visa .. couple of years ago she went onto a work permit for a short period of time and had her application in for residency in a special category as she was in the medical field .. but she could not complete the time period requirement and by then had converted back to student visa for further studies .. her father just got his citizenship a month ago and her mother has applied for it as well .. her application has been filed with her mothers application (the grandfathering clause).. and that will probably take a couple of years.

We have a few questions -
1. Is she eligible to work once she graduates from school?
2. If she gets married to someone who is an H-1 how would that affect her?
3. Since her father just received his citizenship but her application has already been filed couple of years ago with her mother, would she be eligible for GC as an IR of her father even though she has a pending application?
4. Are there any penalties to switch from one to the other?
5. In the interim, what is her work status?
6. Can she travel outside the US?

Thanks for all your help.
 
I will try and answer a few questions you have posted.

1. Is she eligible to work once she graduates from school?
She is pending a immigrant petition. I assume she has a student visa. she can use the OPT (work permit for 1 year).

2. If she gets married to someone who is an H-1 how would that affect her?

marriage to an H-1B isnt much here. She can transfer her status to an H-4 dependant.

3. Since her father just received his citizenship but her application has already been filed couple of years ago with her mother, would she be eligible for GC as an IR of her father even though she has a pending application?

I am not aware of any inheritance laws for Green Cards.

4. Are there any penalties to switch from one to the other?
none that I know of.. may be a delay in processing.

5. In the interim, what is her work status?
refer to (1)

6. Can she travel outside the US?
Not sure
 
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