Need Help !! Please advise !!

[dpatel8]

I just got my citizenship one month ago and would like to file I-130
for my brother who is married and back in india. My brother
will be filing for his H1 through some IT consulting firm in Apr 2007.

Would appreciate if you can help answer the following questions for him:

1. Can we apply for his I-130 (Mar 2007) inspite of He will be applying for his H1B in Apr 2007

2. Is there any chances to deny his H1B application if immigration people will find his i-130 application filed?

I would appreciate your help.

 

[Al Southner]

What the hell do you think you're doing?

Mr:


What is the rush to file the I-130 for your brother if he is applying for an H1-B visa? Of course, USCIS will find his I-130 in the system.

Relax, let him get his H visa and you can apply for his I-130 while he is here. Since he is married... let us see... He should be able to have his visa in let us say... in 2045.

Your brother has a better chance of getting a greencard through the employer than through your application, which isn't going to go anywhere. NB: Don't file anything for your brother, because there is no need for you to do anything and you can't help him come to the US.

He is married, unless he marries you under the brother-to-brother marriage provision, which was sneaked into the bill which Clinton signed into law in 1995 with the Don't Ask, Don't tell bill Under this provision, visas are issued within 6 months...

 

[dr_lha]

Yeah, have to agree with Al here. If your brother comes here on an H-1B, the maximum he can stay is 6 years. The priority date on current "Brothers and Sisters of Adult Citizens" for India is 12 years ago, so its extremely unlikely that your brother's priority date would come up before he has to leave because his H-1B runs out.

At least file the I-130 after your bro arrives on his H-1B, for all the good it will do