Add new comment

Family Based F4 GC

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.

Printer-friendly versionPDF version
ANSWER: 

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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

WYSIWYG

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Filtered HTML

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • You may post PHP code. You should include <?php ?> tags.
  • You may insert a link to a defined site with [link: title].
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • Typographic refinements will be added.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Allowed HTML tags: <a> <p> <h2> <h3> <h4> <h5> <h6> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd><style>
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

Full HTML

  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

full_html

  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).

filtered_html

  • Use [fn]...[/fn] (or <fn>...</fn>) to insert automatically numbered footnotes.
  • Allowed HTML tags: <a> <em> <strong> <cite> <blockquote> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • No HTML tags allowed.
  • [faq] or [faq:123,questions_inline,categories_inline] - insert FAQ content based on the optional category, question style and category style.
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Tags allowed: a, em, strong, cite, code, ol, ul, li, dl, dt, dd
  • You may post PHP code. You should include <?php ?> tags.
  • Global tokens will be replaced with their respective token values (e.g. [site:name] or [current-page:title]).
  • Typographic refinements will be added.
  • You may insert a link to a defined site with [link: title].

Plain text

  • No HTML tags allowed.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.
CAPTCHA
Sorry we have to put you through this. We need to prevent SPAM.