Form I-130 Question # 14

[yrw]

Form I - 130 (Petition for Alien Relative)
Question # 14
If your relative is currently in the U.S., complete the following:
He or She arrived as a:
(Visitor, Student..........etc.)

I am in India. I currently have an H-1B Visa that is valid till 2013. Incidentally, I also have a valid B1 / B2 Visa. My brother (who is a U.S. Citizen) has a choice of filing the form I-130 for me (a) while I am in India OR (b) next month when I arrive in the U.S. on H-1B Visa.

Depending on when my brother files my I-130, the answer to question 14 on the I-130 Form would be different.

I have a temporary 3 month assignment in the U.S. each year during 2011, 2012 and in 2013 during the H-1B Visa validity period. In the current year, I would go the U.S., complete my 3 month assignment, come back to India and go back to the U.S. in 2012 and again 2013 for similar 3 month assignment during the H-1B Visa Validity period (with the same employer).

I wish to know which of the above options is beneficial to me - (a) OR (b) and Why?

Thanks in advance for your time.

[visjig]

Form I - 130 (Petition for Alien Relative)
Question # 14
If your relative is currently in the U.S., complete the following:
He or She arrived as a:
(Visitor, Student..........etc.)

I am in India. I currently have an H-1B Visa that is valid till 2013. Incidentally, I also have a valid B1 / B2 Visa. My brother (who is a U.S. Citizen) has a choice of filing the form I-130 for me (a) while I am in India OR (b) next month when I arrive in the U.S. on H-1B Visa.

Depending on when my brother files my I-130, the answer to question 14 on the I-130 Form would be different.

I have a temporary 3 month assignment in the U.S. each year during 2011, 2012 and in 2013 during the H-1B Visa validity period. In the current year, I would go the U.S., complete my 3 month assignment, come back to India and go back to the U.S. in 2012 and again 2013 for similar 3 month assignment during the H-1B Visa Validity period (with the same employer).

I wish to know which of the above options is beneficial to me - (a) OR (b) and Why?

Thanks in advance for your time.

No option is beneficial to the other. Just put in the true answer as and when the form is filed. All will depend on PRIORITY DATE which the USCIS allocates after approving your petition.