My bother is on H1 but his I-130 is approved

[skhs]

My bother is on H1 but his I-130 is approved, can I file a chane of status for him , his priority date is not current.

 

[manwithnoname]

Are you talking of July 2007 Visa bulletin? Only the employment based Priority dates are current, while the family based aren't. So the answer is 'No'.

 

[skhs]

So if relative is here on a non immigrant visa , I cannot file a change of status until their priority date is current?

 

[manwithnoname]

Correct - the current (non-immigrant) status doesn't matter.

 

[jack144]

Hey Manwithnoname.... Did you understand the question and background before answering the question????

Well... filing for changing status does not necessarily mean adjustment of status. It could also mean filing an immigrant petition. So are you a US citizen or PR filing for your brothers PR? You can file for I-130 without the dates being current. But for 485, ofcourse they need to be.

Also in general in many cases Employment based is faster than Family based. But if I were you, I would consult a lawyer and evaluate all possibilities.

Correct - the current (non-immigrant) status doesn't matter.

 

[skhs]

Thank you very much instead of waiting for his Priority date to be current and than file I-485. I asked him to go through his employer to file for the GC.

Thanks again

Shah

 

[Aibolit]

You can file for I-130 without the dates being current. QUOTE]

Well, please read original question. I-130 has been approved. Under these circumstances "change of status" means "adjustment of status", or filing I-485. This, as you pointed out correctly, can only be done when priority dates are current.