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.
I am a US citizen and I am filling up forms for my mother's GC. She is currently in US on a visitor's Visa. There are a few issues
1. My last name and my Mom's last name is a bit different - thanks to my school which goofed it up. They are phonetically similar though. Will it cause any issues when applying?
2. I am trying to get a non-availability of Birth certificate from India. But I am running into brick walls. How important will it be in the GC application process?
3. After I file the GC papers will my Mom be able to stay beyond her current I-94 dates.
1. Names are phonetically spelled. So, I do not think this is any problem.
2. VERY important.
3. Yes.
I had queries about filing Green card for parents, Mr Rajiv Khanna has extended his help. He is very thorough in his work, because he had worked various kind of cases. So he understands the issue in really quick manner and provides solution without wasting any time. He provided me his guidence, though i am still not working with him directly. He is really great person and professional. Also, Leslie had been very helpful in scheduling the disucssions. I am thankful to him. God Bless him.
Thanks to Rajiv Sir, who gave his precious time and provided valuable inputs. Thanks and Regards, Param