Submitted by Chief Editor on
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.
PDF versionUnfortunately, 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.
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Maisha replied on Permalink
cancellation of GC application and filling for new application
My sister applied for my GC 13 years ago and 12 days ago I got email from USCIS to file for GC. But I got married in April and my husband applied for me. I didn't want to apply through him because my sister already applied for me and its been 13 years now. so I had hope that I will get it this year or by next year. however, my husband applied for me in august and i have completed Biometric in August. I have heard if I get GC through marriage, then I will get 2 years of conditional Gc and after that 10 years Gc, whereas through my sister I will get 10 years GC. and I want to submit my GC form through my sister. Is it possible to cancel the GC application my husband applied for me? and continue my sister's petition? can my sponsor be the same person?
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