Questions regarding application of GC through Brother

[mahbubBD]

I am in USA with F1 visa and currently enrolled in the MS program. My brother has recently became an US citizen and he is willing to apply for me for my GC and ask me to gather necessary information and papers to file for GC. I understand that it takes many years to get GC through brother/sister, but in the mean time if I can stay in the country legally and can work too, then I think it's worthy to wait. However, I have few concerns and questions and would be glad if someone can answer the followings:

1. Since I'm on F1 now, when I apply for GC through my brother, will I lose my F1 status? If yes, can I still continue studying and complete my degree?

2. After I graduate, can I get my OPT and apply/look for H1 job?

3. When I apply for GC through my brother, can I get temporary work permit incase if I lose my F1 status and lose my eligibility to receive OPT?

 

[cherr1980]

1. Since I'm on F1 now, when I apply for GC through my brother, will I lose my F1 status? If yes, can I still continue studying and complete my degree?

No you don't so you will be able to continue your studies, you still be in F1, the application filed by your brother does not give you any status.

2. After I graduate, can I get my OPT and apply/look for H1 job?

As per rules of your studies and your F1 you can, that depends in your type of studies I think and yes if you find an employer who wants to sponsor your H1B you can change to that status. You can look over the internet about F1 to H1B visas.

3. When I apply for GC through my brother, can I get temporary work permit incase if I lose my F1 status and lose my eligibility to receive OPT?[/QUOTE]

No. A petition file by your brother is only the first step. He only can apply for the form I-130 Petition of an Alien Relative, that's it. You probably are thinking in adjustment of status or AOS that is the final step to become a LPR if you are inside the US but that only will occur when your visa number and priority date is available. The form I-130 filed by your brother does not give you any status and does not allow you to work or stay here legally, so you must mantain your own status. Keep in mind that right now the waiting time for siblings are around 12 years if you are not from Mexico, China or the Philipines.