Which way of applying GC better, Employment or Family based?

P

psubbarayan

Registered Users (C)
Hi,
I have come to U.S. a year back on H1B. My wife & 2 children are with me on H4. My sister & family are Citizens here. Which way of applying for GC is better, Employment basis (I am thro' a small I.T. consulting company) or
Family based (with my sister's support)? Which is faster & better way?
Any idea on the expenses to be incurred on both options & waiting time?
My sister can support just for me or for my wife & children too? Kindly advise... thanks a lot!
 
You will need to check the "Priority date" for both the categories. In your case, the categories will be EB3 (Employment Based) and Fourth Preference (Family based). I have not looked at the recent dates, but I think you have a long (10yr!) wait ahead of you....But things could change, especially for Employment based category. If I were you, I would start GC process for both the categories. Its more money, but worth it.
 
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kittenKat said:
DO BOTH! You just never know what can happen on way. Employment is much faster for your case though.
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I also ponder similar issue,family based or work based. Currently my H1B expires by Oct 2010, and it may or may not be extended by government.

If both are applied, will there be any chance both get rejected as two petitions for the same person?

For family based is applied, with H1B, can I apply for I-485 immediately and go for EAD? Or do I need to wait for some time and apply for I-485 and EAD? All I need is to secure my self from the hassles of H1B even though I wait for 10 years.

There are so many strings attached with my H1B. My contact should get extended, my company should survice (consulting company) and company should be sold or closed until I get GC. Nowadays, H1Bs are not getting extended (some exception are there!).

Please guide me
 
silicon said:
I also ponder similar issue,family based or work based. Currently my H1B expires by Oct 2010, and it may or may not be extended by government.

If both are applied, will there be any chance both get rejected as two petitions for the same person?

For family based is applied, with H1B, can I apply for I-485 immediately and go for EAD? Or do I need to wait for some time and apply for I-485 and EAD? All I need is to secure my self from the hassles of H1B even though I wait for 10 years.
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OK... I'm in same boat. Basically long wait family-based. However I still pushed my company to start EB process - just in case.

EB and FB are 2 different processes, so you can NOT be rejected because of 2 petitions. However you can apply for AoS together with EAD ONLY IF your priority date is current. Did you relative applied for you? What is the date on your I-130? If not (and you are not married to USC) you'll have to wait number of years and keep status (H1) up to date all these years.
 
Per current VISA Bulletin,

FB4 - India - Immig numbers are available only for applicants whose priority date is earlier than the cut-off date of 15 AUG 1998

EB3 - India - Immg Numbers - Unavailable

Watz the meaning of 'Unavailable'?!
 
psubbarayan said:
Per current VISA Bulletin,

FB4 - India - Immig numbers are available only for applicants whose priority date is earlier than the cut-off date of 15 AUG 1998
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That means you can expect an 11-year wait before you are eligible to file the I-485 and EAD based on your sister's sponsorship. You can only immediately file the I-130.
EB3 - India - Immg Numbers - Unavailable
Watz the meaning of 'Unavailable'?!
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It means the green card quota for that category has been used up for the fiscal year. No more will be granted until the next fiscal year, which starts October 1. In mid-September they will announce the new cutoff date that takes effect for October.

If you have a Master's degree or at least 5 years experience (excluding experience with the current employer) after your bachelor's degree, and the job requires that level of education or experience, you may be able to qualify for EB2.
 
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Hi Jack,
Thanks for your information!
In A1 Customer guide released by USCIS, I can see the below note:
==========================================
2. If your relatives are already in the United States and
entered legally, then they may be able to file an I-485
application to adjust their status to lawful permanent resident
at the same time as you file the I-130 relative petition.
Petitions filed at the same time with permanent residence
applications (I-485) must be filed at a location that is different
from where you would file an I-130 petition by itself. Please
read the instructions for the two addresses where concurrent
filings can be mailed.
==============================================
This statement tells that I am eligible to file I-485 at the same time my sister file I-130.
So, I no need to wait.. correct? Also I am not sure why they insist that I-485 should be
filed in different location than the location of I-130 filed? Can you or anyone provide
more clarity on this please? Thanks in advance!
 
They may be filed ONLY IF the visa is available to you immediately. Like filing for spouse or parents. In your case priority date is not current, so you can not file everything in same time.
 
psubbarayan said:
This statement tells that I am eligible to file I-485 at the same time my sister file I-130.
So, I no need to wait.. correct?
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Incorrect. They said "may be able to file", not "will be able to file". Whether you are eligible to file the I-485 depends on various factors. For the brother/sister category, people are waiting more than 10 years for their priority date to be reached, and they cannot file the I-485 before then.
 
When Family based (brother/sister) is applied, with my present H1B, I can apply for extension of my stay here in U.S. after my 6 years of H1 period if I-130 is approved.
Is my understanding correct (after I-130 approval)?
 
psubbarayan said:
When Family based (brother/sister) is applied, with my present H1B, I can apply for extension of my stay here in U.S. after my 6 years of H1 period if I-130 is approved.
Is my understanding correct (after I-130 approval)?
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No. Extending your H1B beyond the 6th year is only allowed if you have an ongoing employment-based green card process (labor certification or I-140) that was initiated before the end of your 5th year. That privilege is not given for family-based petitions.
 
OIC, Thanks Jack! I will try both ways of processing!
Thanks & All the very best to everyone who are in the same Citizen'ship' process ;-)
 
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