Can my brother file petition for green card while I am on H1-B

[Miral Patel]

Hi,

I am currently on H1-B visa, my brother will get US citizenship by next year. I want to know whether he can file for my green card while I am in the U.S. on H1-B visa?

Thanks.

[raghvi]

Hi,

I am currently on H1-B visa, my brother will get US citizenship by next year. I want to know whether he can file for my green card while I am in the U.S. on H1-B visa?

Thanks.

Yes he can. In my opinion you have better chances as employment based. seeing the current priority dates for brothers/sister Sep 2001 is current. So if this continues you are looking at 12+ Years wait based on your brother's petition, whereas for employment based even EB3 is Sep2003. Do remember, till the priority dates become current you would still need a valid visa to stay in US.

This is my opinion not legal advice.

[rayb]

Your brother can petition you, but there would be a 12-year wait for a visa slot to be available to you. You will not be able to be adjusted from your H1-B visa during its probable term.

--Ray B

Hi,

I am currently on H1-B visa, my brother will get US citizenship by next year. I want to know whether he can file for my green card while I am in the U.S. on H1-B visa?

Thanks.