Green Card holder applying I130 for son aged 24 years who is currently in US on H1B

S

sridharnandu

New Member
Hi All,

I would like to take opinion from the experts here. I became a green card holder through employment last September. My son aged 24 years now came to USA in 2019 on a F1 visa to study his Masters in STEM education. After completing his Masters he got into F1 OPT and was going through OPT training through an employer. His employer applied for H1B ballot and he got picked in ballot. THe H1B petition was approved last month (Jan 2022) after an RFE.

So, he is currently in H1B. He is our only son, me and my spouse are here in USA on GC.

I would like to know if I can apply I 130 for him now. We are from India, so I know the wait period for him to get his priority date will be 5 to 6 years. During this period, his employer will also file his PERM/I40 after one or two years and presume his I130 would get approved in 6 months to 1 year.

Is it ok for my son to have an I130 and I140 running concurrently.

Any guidance is welcome. What would be your suggestions. Will there be a threat from his employer that he may not file his PERM/I140 if he knows he has a I130 being processed. Too many confusions around applying I 130. Please guide us. Thanks in advance.

Is it advised to apply I130 online directly without the need for an attorney? what documents are required for submission/upload for petitioner and beneficiary. He is my blood related son post our wedding with my wife.
 
It is okay to be the beneficiary of multiple petitions. You don't need an attorney to file the petition if you are comfortable filling out the forms yourself.
 
You can read the I-130 instructions. If your wife petitions him, it would need a copy of your wife's green card and your son's birth certificate. If you petition him, it would need a copy of your green card, your son's birth certificate, and your marriage certificate.

p.s. I am assuming you did the CSPA age calculations, and determined that your son aged out?
 
Thanks. CSPA may not be applicable as his L2 expired in 2018. He came to USA in F1 International student and is now in H1B visa.

Can the beneficiary be in USA on a H1B visa while his I130 is being filed, hope submitting his I130 will not jeopardize his H1B and his future PERM/I140 by his employer
 
CSPA doesn't have anything to do with his status in the US (or whether he is in the US). It just has to do with the length of time the I-140 was pending, the date a visa number became available, and whether he sought to acquire a visa within 1 year of it becoming available.

A pending or approved I-130 will not affect his ability to be in or get H1b status. It will not affect any other immigrant petition.
 
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