From student to Green Card Income requirements

[jsingh01 0]

Hello,

I am currently on OPT(F1 Student Visa) and I am an Engineer and I earn around $60K/yr and my parents are Green Card holders but they don't earn anything so if they apply for my Green Card will I require another sponser for fulfilling the financial requirement or can my Income be used. But because I just got the job I don't have tax returns showing my income 60k will my pay stubs work.

Also should I send in I130, AOS and I485 all together or should I need to first only send I130 and then wait for their response.

And anybody any clue when can I get EAD using this petition?

[Harpa Timsah 13,258]

There is a long wait before you can be issued a Greencard. Adult child of LPR parents is not an immediate available visa category. They are working on cases from 8 years ago, which means about an 8 year wait for you, and this is assuming you are unmarried. You will have to maintain legal status in the US until your priority date is current, or go home and come back.

[jsingh01 0]

yes I know that. But what about EAD ? Can I get that earlier?

And do u know anything about the rest of my questions? Income and document sending procedure ??

[belinda63 2,981]

You have to wait until a visa number becomes available. In about eight years your case will become current and your parents will then file the affidavit of support. If they don't meet the income requirements they will need a co-sponsor. This will give you plenty of time to aquire tax returns. You must remain unmarried and in the US in legal status. To use your income you must be legally working and show the income will continue after you receive LPR status. If you fall out of status in the US you must leave the country and apply for your visa through consular processing.

[jsingh01 0]

So that means I should only send I130 and I485 now and wait till I get approved.
And I will only have to pay for the I130 fee right??

And what about EAD? Is it possible to get it? If yes then what is the procedure ??

[Harpa Timsah 13,258]

You cannot get EAD. Nope. I-485 would only be sent when your priority date is current, 8 years. I-130 now. I-130 gives you no benefit and no status.

I think you'd be better off pursuing an H1B visa.

[jsingh01 0]

Thank you so much for the quick response everyone.

One last question. So my sister is a Citizen (thats how my parents got GC). I don't want to apply through her because then it will take more time. But if I apply through her can I get EAD or any other benefit ? except for marriage that i know.

[Harpa Timsah 13,258]

Nope nope. No EAD. You cannot stay here or legally work based on your family petitions until that time when your priority date is current and you have either 1) maintained status in the US the whole time or 2) left and came back with an immigrant visa.

[aaron2020 11,651]

Whether its an LPR parent or your sister filing an I-130 for you, you get no benefit until your Priority Date becomes current.

No EAD. No adjustment of status. You get absolutely nothing until your PD becomes current.

Edited June 18, 2013 by aaron2020