GC for brother through family based or through employer

saralabiswal

New Member
Hi,

I would like to find out the following.

Scenario:
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I am a US citizen through naturalization and my brother is a H1B visa holder working for a small consulting firm in USA.

My questions are:
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Q1. Is it better to apply my brother's GC through family based or through employer?

Q2. Can we apply his GC through family based AND through his employer as well? If so, what are the advantages/disadvantages?

Q3. If it is better to apply GC though family based then what are the details of the forms need to be filled out.

I know the following forms need to be filled out. If I miss any other form OR I do not need some of the following form, then please let me know.

I-130, Petition for Alien Relative
I-485, Application to Register Permanent Residence or Adjust Status
I-864, Affidavit of Support
Filled Form G-325A, Biographic Information Sheets.
Filled Form I-693 and completed – Medical Examination from INS affiliated Doctor.

Q4. Any other pointer to this is welcome.
 
A1. Family based category 4 (sibling based) is backlogged by 12-15 years. Your brother will need to maintain lawful status until his priority date is current. Employment based GC wll be quicker than that.
A2. Your brother can have both a family and an employment based GC petition running simultaneously. No issues.
A3. Your list of forms is complete, except that an I-485 will only be needed when his priority date is current. Initially, you need to submit an I-130 for him.
 
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