Question details
Currently on my third year of H1B visa. If my sibling were to begin a family based F4 GC petition for me now, and the priority date is 12 years away, is there any way for me to continue to stay in the US until the GC is approved after I have used up my 6 years maximum of H1B? Are there any extensions possible based on the pending GC application? Or do I have to go back to India after the 6 years of H1B and wait there until the GC is approved?
Also, I should add that the above scenario is assuming that I don't have an employer-sponsored GC petition.
Unfortunately, the law does not permit you to wait the 12 years in USA just because you have a GC pending. No H-1B extensions are available on this basis. You will have to wait outside USA. Of course, you can come back on H-1 once you have reset the time by staying outside for one year. By the way, it is permissible for a person to apply for green cards through multiple categories simultaneously.
My wife and I received our GC within 28 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on Immigration Laws and is straight up and abreast of rules & regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Diane Lombardo, who is always available and is happy to responds calmly and peacefully. Also many, many thanks to Leila, Suman, Lakshmi, Shivani and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this Law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. Many of my friends and employees of our company went through Rajiv and all of them are also happy like me. We are thankful to Rajiv and his staff.