AOS help from someone with H1B visa and working

[duhmingo 0]

Hi Everyone, this my first post and I'm glad to know that I'm not going through this journey alone. It's nice to know that there's a community like this were we can help each other.

with that said here is my question:

I'm a current H1B visa holder, and I'm currently working in the United States. My sister (Green Card Holder) is trying to sponsor me. We're having some issues with the AOS, her and her husbands assets are not enough to meet the poverty requirement.

Taking into account my assets, I'm a few thousand dollars short. She stated that she needs to have enough assets for her, her husband, her child, and myself.

I don't live with them.

My work is willing to keep me after the adjustment of my status.

1. Can I provide my tax return and work salary information on the AOS to meet the requirements?

2. Can I sponsor myself (with just me into account, I'm well above the poverty line)?

[Inky 1,111]

Moving to adjustment of status from work/student/visitor as the OP is adjusting from H1B not a family based visa.

[duhmingo 0]

I'm adjusting my status with the help of my sister, not through work.

I'm in the U.S. with a H1B visa, but I'm going through my sister for my green card.

Edited February 13, 2012 by duhmingo

[Inky 1,111]

I'm adjusting my status with the help of my sister, not through work.

I'm in the U.S. with a H1B visa, but I'm going through my sister for my green card.

Yes and that means you are adjusting from a H1B visa not from a family visa. If you were adjusting from a family visa you would have entered with a family based visa not a work visa.

[Harpa Timsah 13,258]

A Permanent Resident sister cannot petition a brother.

[duhmingo 0]

A Permanent Resident sister cannot petition a brother.

Sorry for the ignorance, but is a permanent resident the same as someone who has a green card and has done through citizenship proceeding?

Why can't a sister petition for a brother?

[ceadsearc 516]

A permanent resident has a green card but is NOT a citizen. A person is one or the other. Once they are naturalized they are a citizen and not a permanent resident.

A sibling can petition their sibling but that is ONLY for US citizens. A permanent resident cannot petition a sibling. The process takes about 10 years; longer for some countries like the Phillippines.

[Harpa Timsah 13,258]

Having a Greencard is NOT the same as being a citizen.

[duhmingo 0]

I spoke with my sister and she's a Citizen. She has already gone through the Citizenship proceedings.

My work is currently working to extend my H1B visa (expires in August), this will be the first extension so I'll have been in the U.S for a total of 6 years once the H1B expires.

I spoke to the people working on my H1B visa (same ones who hired me) and they stated before they can help with my adjustment from H1B to a permanent resident, they'll need to make sure that my position cannot be fulfilled my someone in the U.S. The earliest they can do that is August. Frankly my position can be filled by almost anyone in the U.S. so chances of my work helping me with permanent residence is slim to none, but my work is willing to keep me after I get my permanent residence.

With that said, is it possible for my sister to sponsor me (a H1B visa holder, currently working in the U.S.)

Or is it illegal, and not even worth it to even try?

[Harpa Timsah 13,258]

Okay, since your sister is a citizen, then she can petition for you. HOWEVER, there is at least a 10 year delay before you can actually get a Greencard through your sister. You will need to maintain legal presence in the US for those whole ten years, if you plan to wait here and file AOS. Any overstay will make you ineligible to receive a Greencard through your sister from within the US. Here is the current wait times for sibling petitions. You would be in category F4 and currently they are working on petitions filed in the year 2000. A 12-year wait.

http://travel.state.gov/visa/bulletin/bulletin_5640.html

I think you'd more easily get a Greencard through your work.

[duhmingo 0]

Okay, since your sister is a citizen, then she can petition for you. HOWEVER, there is at least a 10 year delay before you can actually get a Greencard through your sister. You will need to maintain legal presence in the US for those whole ten years, if you plan to wait here and file AOS. Any overstay will make you ineligible to receive a Greencard through your sister from within the US. Here is the current wait times for sibling petitions. You would be in category F4 and currently they are working on petitions filed in the year 2000. A 12-year wait.

http://travel.state.gov/visa/bulletin/bulletin_5640.html

I think you'd more easily get a Greencard through your work.

Wow... that is very disheartening to hear, a 12 year wait... I really had hoped to be able to stay in the U.S., but it doesn't seem like its even remotely possible within my H1B period...

So what are my chances to attain a green card through work?

I'm a supervisor for a bio-pharmceutical company, prior to that promotion, I was a quality associate for the same company. I started with the company as an OPT. They decided to keep me and filed for H1B. They are currently working to extend it and would like to keep me for a long as possible.

I'm thinking there's quite a few people who are qualified to perform the job functions of a quality associate and a supervisor.

[rxy51 1]

i heard people can get GC through working for like 10 years? Isn't that the case?

[ceadsearc 516]

Employment-based AOS is sometimes a possibility but it's not just a matter of working a certain number of years wherever. You can't just work 10 years and then get a GC.

[I AM NOT THAT GUY 5,715]

Do you qualify for one of the EB visa's? If not, it will have to be a family based visa, and like has been already posted, that take a while.

Edited February 14, 2012 by ☼

[Tempo House 6]

You wrote:

"Frankly my position can be filled by almost anyone in the U.S. so chances of my work helping me with permanent residence is slim to none"

"I'm a supervisor for a bio-pharmceutical company, prior to that promotion, I was a quality associate for the same company. I started with the company as an OPT. They decided to keep me and filed for H1B. They are currently working to extend it and would like to keep me for a long as possible.

I'm thinking there's quite a few people who are qualified to perform the job functions of a quality associate and a supervisor."

That would have been true when your employer first filed for the H1B, too, yet they were successful, which means you must have skills and experience which satisfy USCIS that you're needed by your company.

I'm no expert on this but the very fact that you have worked in this role for several years can only have increased your expertise in the company's business, so you may find that your case for AOS is quite strong. Have you discussed this with them? If they're willing to file an extension for you now, won't they be willing to discuss the possibility of AOS with any lawyer they are using? That would clarify your options.

I know of a number of people who've successfully AOSed from H1B through their employer. It can be done and is completely conventional and legal. Don't assume you're not eligible!