US Citizen applying Greencard for H1B

[naani]

Hello All
My Brother in law now in the US with H1B visa, completed 5 years.
His company has already applied for GC for him. I think the application is now in stage 1.

My question is:
1. Can we apply a GC for him, even his company has applied?
2. Do they get EAD? ( Since it is family based GC NO EAD is it not?)
3. How many days it takes to approve a GC for him?

Please share your views
Thanks

Naani

 

[jllag1]

Hello All
My Brother in law now in the US with H1B visa, completed 5 years.
His company has already applied for GC for him. I think the application is now in stage 1.

My question is:
1. Can we apply a GC for him, even his company has applied?
2. Do they get EAD? ( Since it is family based GC NO EAD is it not?)
3. How many days it takes to approve a GC for him?

Please share your views
Thanks

Naani

1. Yes, your sister can file I-130 for him, assuming she is a citizen.
2. No, he cannot get EAD based on filed/approved I-130. When his PD becomes current, and he is in US at that time, he can file I-485 and I-765 (for EAD) at that time.
3. If he goes through family based immigration, the wait times are atleast 10 years or so. Check the latest visa bulletin from DOS.

Going through employment based immigration is MUCH FASTER than preference 4 in the family based quotas.