H1 and Green Card Question

H

hunf

New Member
Hi,

I currently work on H1 visa, which is going to be expired on Jan'11.

I am able to file for family based GC, through my brother-in-law.

My questions is:

If I apply for GC now (through my brother-in-law), can I work leagaly after my H1 gets expire in Jan 2011, while my GC process is going on?

I appreciate any help/info on this!

Thanks,
Hunf
 
Firstly your bother in law cannot sponsor you directly, he can sponsor his sister and if you are married to her then you become the derivative beneficiary.

Secondly, you cannot to work after H1 expiration just because your green card application is filed. There is waiting of several years before you will get a green card under the family category and if you are in the US during that time, you will have to maintain a valid non immigrant status of your own.
 
Thanks!

Thanks..
Yes, He will apply for his sister(my wife) and I will be derivative beneficiary.

So this is the difference between work based gc and family based gc. Actually I am also able to file gc through my employer, but the flip side is they are asking for contract/bond.

Basically for both methods, timeline of gc filing will be same, so was researching which is better way for me.

Thanks for the info..
 
hunf said:
So this is the difference between work based gc and family based gc. Actually I am also able to file gc through my employer, but the flip side is they are asking for contract/bond.
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It is very likely that such a contract will be unenforceable. Especially if it requires you to stay with the employer for a certain number of years while the employer is not also promising to keep you employed for that number of years. Or if the contract requires you to stay until you get the green card, which is a lengthy unknown time frame.

Filing for the employment-based green card will allow you to keep renewing your H1B until the GC is approved or denied, provided that the labor certification or I-140 is filed more than a year before your six years of H1B runs out. But the FB application via your brother-in-law won't give you any such privilege until your priority date becomes current.
 
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