Family based GC (Sibling):While in US & holding validH-1B visa -simultaneous filing of I-130 & I-485

[vasudev07]

Can US citizen apply family based Green card for his/her sibling who is currently in US with a valid H-1B visa?
If yes, is it possible concurrently file I-130 and I-485?
If no, after applying I-130 and before the priority date becomes current (say 10 years) if the sibling leaves the country (coz of the six year limit on H1-B visa), will the I-130 and or Green card process remain valid? Is it required to inform the USCIS and or any other department the sibling had left the country (US)?

 

[nkm-oct23]

Concurrent filing I-130 and I-485 is not possible since a visa number won't be available any time soon. Processing of I-130 has nothing to do with sibling's current status and provides no benefit to the sibling's current status. I-130 process continues regardless of sibling's residence (US or elsewhere).

 

[Jackolantern]

Is it required to inform the USCIS and or any other department the sibling had left the country (US)?

No. But because of the 11+ year wait, you should choose a consulate in your sibling's home country for question 22 of the I-130; don't select adjustment of status (because your sibling probably won't be in the US in valid nonimmigrant status 11 years from now). And you will have to inform them of changes to your sibling's non-US address.