Sponsoring son - help please

M

My_wayz

New Member
Guys I have few questions and looking for some suggestions from you guys.

My parents are about to sponsor my brother who is already here in USA. Can he still apply for H1 or will it hurt his chances if he is already applie for family based sponsorship?And If his H1 gets approved, which processing will be considered? For example will his priority date be followed through family based or via H1?

Another question is that what if he is not one of those lucky ones whose H1 is approoved via lottery, will he somehow be able to stay in USA on any kind of work permit which can be applied for him. For example my parents would have filed for his sponsorship by then, can he somehow stay with them since he is already here from last 10 years studying here?
 
Being sponsored by your parents and him finding an employer to sponsor him for a H1 visa are completely different. The H1 visa track if selected follows a completely different track, it is a NIV, has nothing to do with your parents’s sponsorship.

Your brother will not be able to remain in the US in the basis of a pending family petition. Having an approved I-130 will not provide your brother with a legal status that enables him to stay back in the US or work while waiting for his priority date.
 
What status are the parents? How did the parents immigrate? How old is the brother? Is he married?
 
Thanks, I understood that part. Can you confirm if both can be filed at the same time and be running at the same time? So during June when he files H1 and if its approved by the lottery system of H1, he might already also might have filed for sponsorship from his parents. Is that possible to have both cases being continued at the same time? And which one will be considered for his green card option or which one will take precedence? Like how does priority date works since he will have applied for both family based and H1.


Sm1smom said:
Being sponsored by your parents and him finding an employer to sponsor him for a H1 visa are completely different. The H1 visa track if selected follows a completely different track, it is a NIV, has nothing to do with your parents’s sponsorship.

Your brother will not be able to remain in the US in the basis of a pending family petition. Having an approved I-130 will not provide your brother with a legal status that enables him to stay back in the US or work while waiting for his priority date.
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My_wayz said:
Thanks, I understood that part. Can you confirm if both can be filed at the same time and be running at the same time? So during June when he files H1 and if its approved by the lottery system of H1, he might already also might have filed for sponsorship from his parents. Is that possible to have both cases being continued at the same time? And which one will be considered for his green card option or which one will take precedence? Like how does priority date works since he will have applied for both family based and H1.
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I think that you are mistakenly thinking that "H1b" is some kind of path to immigrate; it is not. It's just a nonimmigrant visa and status. It has nothing to do with immigration. An employer could petition him to immigrate in an employment-based category, but that is an independent thing -- he can work for the employer for many years and they may not petition him to immigrate, or an employer could petition him to immigrate without him in H1b status or without him in the US at all. They are independent things.

H1b is dual-intent so he can get it while intending to immigrate and any immigration process will not affect it.

A parent can petition him for family-based immigration. Unmarried over-21 child of permanent resident is in the F2B category, which currently has a wait for visa numbers of around 7 years (longer for people born in Mexico or the Philippines). He would have to remain unmarried.

If multiple people were to petition him (and there is no reason to believe that if he gets H1b status and works for an employer under H1b, that that employer would petition him to immigrate, but let's supposed they do), the petitions do not conflict; multiple petitions are independent. He will likely finish immigrating through whichever process finishes first.
 
Thanks buddy for the detailed response.
I understood H1 process and how there is no guarantee his case is filed for change od status, however I just could not put it the best way in writing. However I am still naive about this and I appreciate you responding me in the best possible manner and those are some great points made. Thanks again, really appreciate.

newacct said:
I think that you are mistakenly thinking that "H1b" is some kind of path to immigrate; it is not. It's just a nonimmigrant visa and status. It has nothing to do with immigration. An employer could petition him to immigrate in an employment-based category, but that is an independent thing -- he can work for the employer for many years and they may not petition him to immigrate, or an employer could petition him to immigrate without him in H1b status or without him in the US at all. They are independent things.

H1b is dual-intent so he can get it while intending to immigrate and any immigration process will not affect it.

A parent can petition him for family-based immigration. Unmarried over-21 child of permanent resident is in the F2B category, which currently has a wait for visa numbers of around 7 years (longer for people born in Mexico or the Philippines). He would have to remain unmarried.

If multiple people were to petition him (and there is no reason to believe that if he gets H1b status and works for an employer under H1b, that that employer would petition him to immigrate, but let's supposed they do), the petitions do not conflict; multiple petitions are independent. He will likely finish immigrating through whichever process finishes first.
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