gypsygirl

We are moving back to New York in a few months on a H1-b and H4 visas and I wanted to ask a few questions about green cards.

Do you need to be in the states for so long before you can apply? We were there for 4 years, but have been out 2 years so dont think that will count towards anything.

How long does it take to go through?

Does everyone need a medical, including the kids, if we have already been there a while?

How long do you have to have held a greencard before you can sponsor older children?

Thank you for your help.

Noorah101

No, there is no set time for being inside the USA. It will be up to the H1B employer to decide when to begin the application for your green cards. Try to get it in the contract that they will indeed apply, and by a specific date. They don't HAVE to apply for green cards for you at all.

Yes.

About 1 second.

Keep in mind that there is a backlog in the categories of children / sons & daughters of LPRs, check out the visa bulletin for more information:

http://www.travel.state.gov/visa/bul...etin_5489.html

Rene

gypsygirl

Thank you thats very useful. I wouldnt have know to ask they put it in the contract, although they have offered the green card.
Do you know if the medical is invasive at all? Im thinking of the children.

Noorah101

For the medical, they do bloodwork and perhaps a chest x-ray. They are mostly looking for communicable diseases and making sure you're all up to date on vaccinations.

Rene

gypsygirl

Ah ok thanks, not so bad then

Brat1

Yeah Gypsygirl, I'd agree with Rene. Make sure that your contract states that they will apply for your GC's and if it was me, I'd also have in there a "date by" ie right away or by a certain date, just so you have some guarantee. It's not the first time I've heard of some poor soul upping sticks and moving their family over here on an H1-B, H4's and then the company has gone back on applying for the GC's. Good luck with the move, must be an exciting time for you all

Noorah101

How old are the children coming with you?

How old are the older children?

Rene

gypsygirl

Brat1-Thank you, yes it is but all very last minute so Im in a panic, we werent even planning on moving over last week!

Noorah, our children are 19, 14 and 4 (but shes American) My eldest is 20, 21 in 6 months so in a bit of a panic about her, she is studying for her degree here but has a boyfriend here anyway so prob wont be coming with us unfortunately. Id like her to be able to visit us without the visa waiver regs, as thats only every 3 months and we are a close family.

Noorah101

Hmmm. So it's your husband on H1B, you are on H4, 19-year old on H4, 14-year old on H4, and 4-year old USC coming on a USC passport? Forgive me for asking, but how did your 4-year old become a USC?

Watch out for the 19-year old...you will need to get his AOS in the works and get a priority date before he ages out at 21.

The 20-year old will have to just visit you on the VWP until you guys become PRs yourselves and can sponsor her for an Immigrant Visa.

Rene

Bob

Read the wiki....there's a very good article on what to ask for and look out for in a relocation package.

gypsygirl

Yes thats right. My 4 year old was born there while we were on our H1-b/H4s
Thats a shame about our eldest, I was hoping there was a family visa she might be able to visit for short breaks on.
Thanks

gypsygirl

Thanks, I hadnt thought to look for that!

Noorah101

Ah, that makes sense, thanks for clarifying.

Unfortunately, there is not a "family visit" type visa, no.

Rene

gypsygirl

Ok, thanks for all the help, thats saved me a few sleepless nights