Questions about Green Card through a sibling.....

[toro45]

This is what I have done to date:

• I have filed and received approval notice for my labor certification with priority date of November 2008
• I have filed and received approval notice for my I-140 (EB-3). My priority date was not current before I left my previous employer so I wasn’t able to file my I-485.
• I currently have an approved work permit that will expire in January of 2012.

My brother just got his US citizenship and I want to file for my green card through him and my questions are as follows:
• Since I already have a priority date, albeit through employment based sponsorship, can I keep the same priority date while applying for sponsorship through my sibling and file my I-485?
• If I file for the green card based on my brother’s citizenship status, can my H1-B petition be extended on a yearly basis till I get the green card?

Your responses will be greatly appreciated.

 

[LucyMO]

• Since I already have a priority date, albeit through employment based sponsorship, can I keep the same priority date while applying for sponsorship through my sibling and file my I-485?

no

• If I file for the green card based on my brother’s citizenship status, can my H1-B petition be extended on a yearly basis till I get the green card?

a filed I-130 does not offer any status. If you want to maintain H1b status, you need to do it independently from your brother's I-130 filed for you.