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I-130 for my brother
- Thread starter irfnor76
- Start date
Thanks for the reply. I understand that. But few of the lawyers told me not to apply I-130 right now in F-1 status as It will affect his H-1 eligibility while I-130 is pending (Immigration intent etc). Is this true. Regarding 10-12 years wait time, he is not concerned about it as he is a Canadian permanent resident and can move to Canada after the expiry of his non immigrant status in the US and wait there until he is eligible for Counselor processing. Please advice.
Jackolantern
Registered Users (C)
Either you misheard something, or they are telling you nonsense. Applying for the I-130 would have no effect on his ability to get an H1B, because the H1B directly allows immigrant intent.
However, the I-130 could hurt his chances to use the F-1 to reenter the US. And it could cause problems with obtaining TN status -- perhaps that is what they were really saying and somehow you mixed that up with H1B, because TN is also a work-authorized status that has similar educational requirements as H1B.
However, the I-130 could hurt his chances to use the F-1 to reenter the US. And it could cause problems with obtaining TN status -- perhaps that is what they were really saying and somehow you mixed that up with H1B, because TN is also a work-authorized status that has similar educational requirements as H1B.
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TheRealCanadian
Volunteer Moderator
And it could cause problems with obtaining TN status -- perhaps that is what they were really saying and somehow you mixed that up with H1B, because TN is also a work-authorized status that has similar educational requirements as H1B.
He has a bigger obstacle to getting a TN - he's only a Canadian permanent resident, not a citizen.
Jackolantern
Registered Users (C)
He has a bigger obstacle to getting a TN - he's only a Canadian permanent resident, not a citizen.
I know. My expectation, which I perhaps should have explicitly written in order to stave off nitpicking attacks, is that he'll probably get Canadian citizenship before the I-130 priority date becomes current.
A filed I-130 may also hurt his chances of renewing his F-1 visa, if he ever needs to do so. If the rules didn't change, he can enter Canada for upto 30 days and come back with his old I-94 without getting a new visa, but he needs to check on regulations with his International Student Center.Thanks Jack. I think you are right. Probably I misunderstood. I shall proceed with the filing. Regarding reentry, he has single entry F-1 visa. So this is not an issue.
Waiting period exagerrated!
The I-130 relative petition for brother or sister wait time is about 7-12yrs. It largely depends on country of origin and IV numbers available at the time.
I filed for my brothers and sisters in sept 2003, they, were approved by the USCIS in April 2010.They should be processed for visa by the NVC sometime in August or September next year according to my calculations of Visa bulletins for the 6 months. For eg, in january this year, they were at oct-1999 filings, now , just 10months later, they are processing for Dec 2001 filings, so that's almost 2yrs worth in 10months.
Either you misheard something, or they are telling you nonsense. Applying for the I-130 would have no effect on his ability to get an H1B, because the H1B directly allows immigrant intent.
However, the I-130 could hurt his chances to use the F-1 to reenter the US. And it could cause problems with obtaining TN status -- perhaps that is what they were really saying and somehow you mixed that up with H1B, because TN is also a work-authorized status that has similar educational requirements as H1B.
The I-130 relative petition for brother or sister wait time is about 7-12yrs. It largely depends on country of origin and IV numbers available at the time.
I filed for my brothers and sisters in sept 2003, they, were approved by the USCIS in April 2010.They should be processed for visa by the NVC sometime in August or September next year according to my calculations of Visa bulletins for the 6 months. For eg, in january this year, they were at oct-1999 filings, now , just 10months later, they are processing for Dec 2001 filings, so that's almost 2yrs worth in 10months.
TheRealCanadian
Volunteer Moderator
I know. My expectation, which I perhaps should have explicitly written in order to stave off nitpicking attacks, is that he'll probably get Canadian citizenship before the I-130 priority date becomes current.
I didn't mention it to nitpick - it's just that there's no guarantee that he'll ever qualify for a TN; no idea if he'll become a Canadian citizen, that he would work in a TN-eligible profession or that he has the educational criteria. You're assuming a lot of facts that have not been entered into evidence.