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US citizen applying for visa for child over 21, but child is applying for H1-B

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  • US citizen applying for visa for child over 21, but child is applying for H1-B

    Hi,

    My mother got her citizenship few days ago. I am currently on OPT and my employer will be applying for my H1-B in March.

    1) Is there a possibility that my mother can sponsor me?

    2) Which visa will I get because I am unmarried and above 21 yrs? (K3/K4??)

    4) Can my company file for H1-B and my mother sponsor me at the same time?

    Please help!

  • #2
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    • #3
      Originally posted by arwaj409 View Post
      Hi,

      My mother got her citizenship few days ago. I am currently on OPT and my employer will be applying for my H1-B in March.

      1) Is there a possibility that my mother can sponsor me?

      2) Which visa will I get because I am unmarried and above 21 yrs? (K3/K4??)

      4) Can my company file for H1-B and my mother sponsor me at the same time?

      Please help!
      1. She can file an I-130 for you. However, as you are over 21, it will take several years before you priority date becomes current. As the son or daughter over 21 of a US Citizen, you are in the F1 category. You can check the Visa Bulletin to see what priority date they are up to now in that category to estimate your wait time.
      2. Your mother is filing an immigrant petition for you. You will either file Adjustment of Status or file for an immigrant visa at the U.S. Consulate in your home country when your PD becomes current. You are in the F1 category.
      3. Yes. The only way you can remain in the U.S. is to maintain a status like H-1B. Your mother’s filing WILL NOT give you status to remain in the U.S.

      You may want to seek the advice of an attorney to get guidance.

      Comment


      • #4
        Hi Lisa,

        I am a little confused. If my H1-B wins the lottery and I apply for I-130, which visa will I have. H1-B or F1 visa? On october 1st, 2015 then I have to go to India to interview for F1 visa and H1-B visa?

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