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by danking00 906 days ago
Fair on the first point, I’ll adjust the text to clarify the need for a BS.

On the second point, first claim, you can be in an EB-1 queue without an H1-B (e.g. OPT or TN [1]). On the second claim, I admit to not knowing someone who is in the queue and in the lottery but they’re on TN, preparing materials for an EB-1 and applying for an H1-B. My understanding was that they’d apply for both concurrently (due to the EB queue period), but I have no references to back me up.

[1] If you were born in China and then immigrated to Canada, you’re still in the China queue for EB.

1 comments

Yes correct, Greencard is not tied to maintaining current employment or having a visa, its a separate process. I know ppl who came to USA for the first time on a greencard. I was addressing the word "meanwhile" in your comment, i guess it technically possible that someone gets their greencard applied while they are on OPT/vistor visa/some other visa ect and then go through the h1b lottery.

just saw this.

> What else is wrong?

> And when they finally get PR/citizenship, their (now quite old) parents have no hope of receiving PR/citizenship

Family based greencards have current wait time of ~11months start to finish.

Thanks for all your comments thus far! I have an axe to grind with the US immigration system but it’s best to grind it on a stone of facts.

Yeah, I was a bit loose with the parents situation. I made a general comment based on a specific circumstances. That’s my bad.

To petition for parents you need to be a full citizen not simply a green card holder. That adds five years. For India-born folks, this practically puts their parents date over a decade away. Meanwhile those parents become elderly and live thousands of miles from their grand children. So, for a lot of folks who spent years pursuing PhDs and have Indian passports their parents might immigrate at ~seventy while they’re in their fifties. I dunno man, that’s fairly old. Their parents might not make it.

I can’t edit the original post anymore, so your comment will have to serve as the correction.