Applying for family based green card to brother

srinivela

New Member
I am a US citizen. I want to sponsor green card for my brother.
However my sister-in-law (brother's wife) is applying for H1B visa and my brother is planning to accompany her to US on H4 visa. Can I still pursue I-130 option for my brother? Will there be any problem for H1B/H4 visas for his family, if I apply for I-130 for my brother?
 
I am a US citizen. I want to sponsor green card for my brother.
However my sister-in-law (brother's wife) is applying for H1B visa and my brother is planning to accompany her to US on H4 visa. Can I still pursue I-130 option for my brother? Will there be any problem for H1B/H4 visas for his family, if I apply for I-130 for my brother?


Just to expland on the "no problem" statement. An H1 visa is considered a "dual intent" visa. That means someone can have declared immigrant intent and at the same time be applying for/renewing/present on the temporary H1/H4.

However, your brother should be aware that an H4 holder is not allowed to work...
 
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