Bob

EB1/2/3

EB1 is very quick, generally the uber smarts, EB2 is pretty quick for management and EB3 is for the rest of the phlebs and taking ages so needs to get put in quickly so you don't time out...in a very simplified gist of things.

Bob

Depends on the uni.

Some will change the rate to in-state if you get a greencard while there, others won't unless you start with it etc.

Basically, ask the uni, they are all different. So it doesn't matter what most might do if the one you are interested in does it differently.

crg

That's an important distinction between the two, but the F-1 can also be problematic in that an F-1 must maintain a foreign residence when an H4 does not.

One could gain limited employment authorization with an F-1 but also become inadmissible or ineligible as an intending immigrant without an immigrant visa because they don't have a foreign residence.

christmasoompa

Question for the pros, just out of interest. What happens to the OP if her Mum is EB-3 and therefore doesn't get a green card for a number of years (going on current timescales, approx 6-7 years I believe) - would the OP then not get a green card as s/he is over 21, or would they still be included in the application?

Ta muchly.

meauxna

Maybe, maybe not. Numbers voodoo here; Child Status Protection Act (CSPA)

(I say it's voodoo because I can't easily restate it in plain language, but basically, see post #2 and if they get far 'enough' along in the process, he can still be eligible.)

christmasoompa

Thanks for that. Although my head has just exploded.

boxfish

Just found out mum would be EB2.

Steve_

In which case a visa number would be immediately available, so I wouldn't worry about it given she's got four years for the employer to do the I-140 and labor certification. Even if they leave it until her H-1B is up (i.e. three years) you've still got time and as long as the I-140 is filed on time you would also benefit from CSPA protection so really there is no cause for concern, they just need to do the paperwork in a reasonably timely manner.

If they don't sponsor her then you're screwed of course but so is she, and you could at least stay by changing status to F-1 if you were absolutely determined to stay.

JAJ

In other words, I absolutely would worry about it and the parent should consider very hard whether this assignment should be accepted if the employer is not prepared to immediately sponsor for a green card or Immigrant Visa. (and that there is a reasonable prospect of such visa being granted).

For EB-2, it may be quicker to do an Immigrant Visa than try to get a H1-B and then adjust status.