回复:请教: 如何帮到孩子 and EB1A 评估

我的儿子接近21岁 (今年10月中), 明年需要更新F1/I-20. 我想要帮助他申请GC, 但又不想影响他明年的更新. 我这月可能得到一家公司的 Sr. research position offer. 他们要我用TN尽快去工作. 我的问题是:

1. 我用TN现在申请EB1A 还是等到10月用H1B去申请?
Which one is better with time pressure?
-No difference. You need to get the Eb1A I-140 approval as soon as possible so that your kid can file I-485 before he turns 21, ohtherwise he will be age-out. Your kid had better not file his I-485 until your EB1A I-140 is approved. Thus, if your EB1A I-140 is not approved and he does not file I-485, his F1 status can be extended.



2. 同时file I140 and I485( 包括孩子的) 还是 分开?
-Not different for you, but your kid had better not file I-485 until your I-140 is approved (see above answer).

3. 最重要是: 如果申请被拒 或者 pending, 他还能继续在美学习吗?
-Normally, if your I-140 is approved and you can keep your job for at least one year, your and your kid's I-485s has no problem to be approved. After your kid filing I-485, he can not extend his F1 status. So, you have to make sure your I-140 is approved and your job is secure until he gets the GC (normally several months to one year after filing I-485).

使用什么身份?

非常感谢建议!

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