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Regarding Family based Green card and H1 petition conflict

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  • Regarding Family based Green card and H1 petition conflict

    Hello,

    I have a question related to Family based green card petition (immigration visa). My brother got a US citizenship 2 years back and willing to file petition for family based green card for me (relationship-Brother).

    My concern is :

    1. If there is a petition filed for family based green card, will this conflict with if I/company (the one which I'm working now) want to file petition for H1 ?

    2. Can I file a petition for H1 if there is already a petition filed for family based green card ? What will be the effect ?

    Thanks in advance.

    Regards
    Shri

  • #2
    Hello, Shrihan.

    From what i understand, one can have multiple GC petitions. E.g.: A married person could have one petition linked with spouse, who is on let's say L1, and can have another petition on his/her own - it could be from work or another family sponsored petition.

    Further, what i understand is, H1B is considered a visa with a possibility of the petitioner filing for a GC. Unlike B1/B2 or even F1 - where possibility of long term intent to stay in the country (USA) is not considered good. So, H1B per se is kind of a step towards GC.

    I personally do not feel (i am not an expert) that the two GCs would clash. Which ever petition's Priority Date comes up, you could have GC based on that petition first. GC under EB4 (Family based petitions for India) take around 13 odd years. H1B based GC seems a better option here, but no harm in having both. You could consult an attorney for an hour. These are my personal thoughts - i might not be accurate.

    Wishing you luck.

    Cheers,

    Originally posted by shrihan45 View Post
    Hello,

    I have a question related to Family based green card petition (immigration visa). My brother got a US citizenship 2 years back and willing to file petition for family based green card for me (relationship-Brother).

    My concern is :

    1. If there is a petition filed for family based green card, will this conflict with if I/company (the one which I'm working now) want to file petition for H1 ?

    2. Can I file a petition for H1 if there is already a petition filed for family based green card ? What will be the effect ?

    Thanks in advance.

    Regards
    Shri
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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