Hello,
I am a citizen of the United States and I want to sponsor my sister for her Green Card and I am planning to fill the I-130 soon.
She entered the United States on an F1 (student) visa, and was picked in the (FY23) H1B lottery in April 2022. Her H1B was approved and status changed from F1 to H1B on 1st October 2022 and she has a H1B stamping appointment in Jan 2023.
Her current I-94 expiry date shows D/S as she last entered US on F1 visa, and not the I-94 expiry date on the H1B approval.
My question is - should I wait for her to get the H1B stamped in January and re-enter US before filing the I-130 or is it safe to file the I-130 now?
My understanding is that the H1B visa is dual intent and F1 is not, therefore filing now while she is on her F1, I-94 will raise a red flag. Additionally, I don’t want to risk a 221g during stamping.
With that being said, I understand that the I-130 approval times are between 6-9 months and my current decision to fill in the I-130 immediately might not impact her H1B stamping.
Any Advice?