I-130 for a sibling that is in the US with a B2 Visa

[SidiBou 0]

Hello,

 

I have filed for a an I-130 for my sibling who is currently in the US with a B2 visa. She is not eligible to file for Adjustment of Status yet due to the backed up priority dates.

What would be her best option to get a work permit?

Can she file for I-539 (Extend non-immigrant status) and if she gets approved can she apply for I-765 (Employment Authorization)?

[aleful 1,905]

hi

 

nope, she can't stay, she can't get a work permit, there is nothing that she can do to stay, and the petition will take 14 or more years of waiting

 

so she should only stay for a short period and return home, so she can come back to visit and not have the officers cancel her visa

 

 

[Unlockable 7,314]

6 minutes ago, SidiBou said:

Hello,

 

I have filed for a an I-130 for my sibling who is currently in the US with a B2 visa. She is not eligible to file for Adjustment of Status yet due to the backed up priority dates.

What would be her best option to get a work permit?

Can she file for I-539 (Extend non-immigrant status) and if she gets approved can she apply for I-765 (Employment Authorization)?

Nope. Not gonna happen. It doesn't work that way.

 

Because she can't adjust status yet she won't be able to get work authorization. It takes 12 years (some countries it takes 20 years) for a sibling visa to come current. Obviously, your sister can't stay in the US that long waiting to be approved.

 

She can continue to have visits here, but she can't use her B2 visa to try to live in the US. Best thing for her to do is return home when her visit here is up. She should not overstay her current B2 because doing so will void the visa and make it hard for her to use it in the future. 

Edited January 30, 2019 by NuestraUnion

[milimelo 4,481]

How did you go from tourist visa in the last 4-5 months to being a USC and filing a petition for your sister? 

[WeGuyGal 1,052]

11 hours ago, SidiBou said:

Hello,

 

I have filed for a an I-130 for my sibling who is currently in the US with a B2 visa. She is not eligible to file for Adjustment of Status yet due to the backed up priority dates.

What would be her best option to get a work permit?

Can she file for I-539 (Extend non-immigrant status) and if she gets approved can she apply for I-765 (Employment Authorization)?

Who filed? Aren't you on a tourist visa?

[SusieQQQ 11,586]

Wondering if the sibling is the person who was trying to get a tourist visa (ie OP has posted as 2 different people.)

 

note that unlike an immediate relative category, overstay is not forgiven for F4. Also note that if a change or extension of status is denied - as seems extremely likely in this situation given that the immigrant intent will be clear - there are some serious implications, partly due to the long time taken to adjudicate i539. If/when it’s denied, if the person is still in the country beyond the date of the original i94 then (1) overstay dates back to that date (2) the existing B visa is immediately voided. That means not only does sibling have to leave immediately but chances of getting another B visa are just about zero. Better to be able to continue to visit while waiting properly for petition. 

Edited January 30, 2019 by SusieQQQ

[SidiBou 0]

1 hour ago, WeGuyGal said:

Who filed? Aren't you on a tourist visa?

No, I’m using the same account for a different case.

10 hours ago, milimelo said:

How did you go from tourist visa in the last 4-5 months to being a USC and filing a petition for your sister? 

That’s a different case.

18 minutes ago, SusieQQQ said:

Wondering if the sibling is the person who was trying to get a tourist visa (ie OP has posted as 2 different people.)

 

note that unlike an immediate relative category, overstay is not forgiven for F4. Also note that if a change or extension of status is denied - as seems extremely likely in this situation given that the immigrant intent will be clear - there are some serious implications, partly due to the long time taken to adjudicate i539. If/when it’s denied, if the person is still in the country beyond the date of the original i94 then (1) overstay dates back to that date (2) the existing B visa is immediately voided. That means not only does sibling have to leave immediately but chances of getting another B visa are just about zero. Better to be able to continue to visit while waiting properly for petition. 

Thank you. That’s insightful. 

[WeGuyGal 1,052]

9 minutes ago, SidiBou said:

No, I’m using the same account for a different case.

That’s a different case.

Thank you. That’s insightful. 

There should be one account per member. The use of "I've filed", when in fact you haven't is confusing, and could lead members to offer erroneous advice. Whoever the USC is in your family should have a separate VJ account. 

[SusieQQQ 11,586]

27 minutes ago, WeGuyGal said:

There should be one account per member. The use of "I've filed", when in fact you haven't is confusing, and could lead members to offer erroneous advice. Whoever the USC is in your family should have a separate VJ account. 

Yes. There’s another forum I’m on where this is against the TOS, maybe something VJ needs to look into as well. Anyone posting for anyone else gets one warning then a ban.

[SidiBou 0]

4 minutes ago, SusieQQQ said:

Yes. There’s another forum I’m on where this is against the TOS, maybe something VJ needs to look into as well. Anyone posting for anyone else gets one warning then a ban.

Thank you for the help. 

[Boiler 45,525]

When did you file.

 

Otherwise to work you would need an Employer willing to go through the process etc.

[SidiBou 0]

2 minutes ago, Boiler said:

When did you file.

 

Otherwise to work you would need an Employer willing to go through the process etc.

I filed last year. 

 

Yes. An employer can be an option.

[Boiler 45,525]

OK a long wait, best to forget about it and see what her situation is when it becomes current.

 

Certainly no harm in exploring other quicker options.

[CEE53147 559]

Read about H-1B visas.  That is the way to a work permit for a short period of time.

 

You cannot use filing a chain migration petition to jump the line.   There are too many already waiting patiently for their turn to get you any sympathy for her not being able to stay now.

[USS_Voyager 1,972]

H1B is valid for 3 years and renewable for another 3 then she has to be physically outside the US for 1 year before she can come again on H1B. Every year there are 85,000 H1B available (20,000 reserved for people with advanced degrees - master or above) and every year, there are around 200,000 applicants or more within a few days of the first available date to file of the season, so they have to do a lottery to select who gets to file and who don't. H1B can be filed earliest April 1st each year with the earliest start date of Oct 1st each year.

 

Last season H1B numbers: https://redbus2us.com/uscis-news-h1b-2019-lottery-completed-190098-petitions-filed/

This season H1B predictions and some basic facts: https://redbus2us.com/h1b-visa-2020/

 

Edited January 30, 2019 by USS_Voyager