Green Card Process Advice

[Nisha03]

Hi,

I am on H1B Visa and my employer has started my Green Card process under EB2 Category. I have my I-140 Approved. My priority date is March 2011.

My brother is citizen of United States and I have below questions.

1. Can my brother file for my Green Card process if I have I-140 approved via my employer?

If yes, then

How long will it take if my brother files Green Cards process for me?

Can anyone help me the the expert guidance/advice?

Really appreciated for the help.

Thanks.

[JoeF]

Hi,

I am on H1B Visa and my employer has started my Green Card process under EB2 Category. I have my I-140 Approved. My priority date is March 2011.

My brother is citizen of United States and I have below questions.

1. Can my brother file for my Green Card process if I have I-140 approved via my employer?

He can file an I-130 for you, but it takes 12+ years for the PD to become current in family category 4, siblings of US citizens. And an H1 can not be extended past 6 years based on an I-130, it can only be extended based on an I-140.

[pontevecchio]

http://travel.state.gov/visa/bulletin/bulletin_5834.html. Your brother can file and it will take up to 12 years and you will need to maintain your own status. Hence the EB based filing with H1 extensions till your PD is current is the way to go unless you find a USC life partner .

[t75]

See the visa bulletin for current priority date. Employment is generally faster than family. Your employer's petition will not benefit a family petition. You have to get in the back of the line and wait just like everyone else.