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Question
Dear Mr. Arora,

My first 3-yr H-1B will expire on Jan 14 2009. It is unlikely that my employer will sponsor the PR application. I'm thinking of 2 options, one is to find a new job or doing family immigration. My sister is a citizen, who just applied for my parents. My questions are:

1) which process is faster, through my sister or my parents? I'm over 21 and single.

2) if i undergo family immigration, can i max out the 6-yr H-1B and continue to extend H-1B thereafter while waiting to get PR?

3) if the answer to Q2 is yes, can i travel outside US during this period of time and reenter? Do i apply for advanced parole in this case?

4) if i'm able to find a job, should i transfer H-1B first or do the extension first?

Thank you for your help.

Answer
Hi,

You can be sponsored through the filing of a Form I-130 petition by either your sister (F4 category), or your parents (F2B category) once your parents become permanent residents. It will take several years, at least, before you can adjust status in the U.S. based on family sponsorship. Information about the family categories is here: http://h1b1.com/sponsor.htm

Note that since H visa status allows for intention to immigrate to the U.S., there is no disadvantage in being sponsored by a family member. H visa status also allows you to travel and enter the U.S. freely as long as you are maintaining H1B status.

You will need to maintain nonimmigrant visa status such as H1B in the interim until you are able to adjust status. This means being able to extend H1B visa status beyond six years. The only way you can extend H1B visa status beyond six years aggregate is if your employer supports you for the green card process through the filing of a PERM application (also known as application for labor certification). Information about PERM is here: http://h1b1.com/laborcert.htm

You can have multiple H1B approval notices, so you can both extend H1B status through current employer as well as change employers if the new employer files an H1B petition for you as well.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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