Urgently Answer Please

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vikashkumar

New Member
Hi Guys,

I am Vikash Kumar. I want to know i came on H-1B Visa on 2007. My younger Brother Nirmal Kumar have a citizenship of USA in 2005 and got the passport.The Question is that my brother wants to file the Immigrant Visa for me. One of the lawyer told us if the person is in USA and his relative file the Immigrant Petition for him then the person got the EAD and traveling document as well and work legally in USA and got the Green Card in the queue time period. Can you guys help me out in this matter please.
 
vikashkumar said:
Hi Guys,

I am Vikash Kumar. I want to know i came on H-1B Visa on 2007. My younger Brother Nirmal Kumar have a citizenship of USA in 2005 and got the passport.The Question is that my brother wants to file the Immigrant Visa for me. One of the lawyer told us if the person is in USA and his relative file the Immigrant Petition for him then the person got the EAD and traveling document as well and work legally in USA and got the Green Card in the queue time period. Can you guys help me out in this matter please.
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1. You brother can ONLY file for now a I-130 Form, petition for a relative. Are you still on H1B visa and has it been renewed for another 3 years by your employer or NOT?

2. Once your brother file for the I-130, you will need to remain in a legal status (meaning with a type of visa), till a visa number becomes available, in another 8-10 years for you. A filing of I-130 doesn't confer any legal visa status in the US, which means if your H1B visa was not renewed and you are within the allocated time to leave the US, then you should be preparing to leave the US. However, if your employer has renewed your H1b visa for another 3 years, then you are fine and he can file for you now (your brother). Why the hell did he wait till now, had he filed for you in 2005, you will be looking at possible visa available in 2014-15.

3. You will NOT be issued an EAD or Travel document once he files for the I-130. You ARE ONLY issued the EAD and Travel Document when you have filed for I-485 form, which is ONLY filed when the National Benefits Center or National Visa Center indicates that a visa number is available for you, which as I indicated is a wait of 8-10 years.

4. VERY IMPORTANT: You should never go back to that immigration lawyer who advised you about this process, HE was smoking dog food, he's ill-informed and will land your azz in trouble with immigration officials. You don't need to see him again, nor you ever drive near his office building, he is an incompetent scrooge. If he told you what you claim in your post, he is a shoddy doofus.
 
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I think you can not file for EAD because you will be out of status, after getting I-130 approved you will have to wait for immigrant visa to become available, till that time you can not file for adjustment of status. Go to USCIS.gov read instructions for I-765 this is for for employment authorization, you'll see from there who is eligible.
 
vikashkumar said:
One of the lawyer told us if the person is in USA and his relative file the Immigrant Petition for him then the person got the EAD and traveling document as well and work legally in USA and got the Green Card in the queue time period.
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That is true, but it's not the complete truth. You can get an EAD, but it will take 9-10 years for you to become eligible for an EAD based on your brother petitioning you.
 
Jackolantern said:
That is true, but it's not the complete truth. You can get an EAD, but it will take 9-10 years for you to become eligible for an EAD based on your brother petitioning you.
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How is this true? The EAD would be based on the 485 filed by the AOS applicant, category c(9) - NOT based on the I-130. So, just filing an immigrant petition, EVEN if the PD is current, won't allow the beneficiary of the I-130 to receive EAD.
 
You're picking the nits of the hairs that are splitting. You know I was referring to the overall processes associated with his brother petitioning for him, not the isolated act of filing an I-130 petition. That's why I didn't write "based on the I-130 petition".
 
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