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Results 1 to 9 of 9

Thread: Can anyone help me with my question?

  1. #1
    I acquired my citizenship last year. My brother is also in the U.S. with a H-1 visa. I plan to apply permanent residency for him. I understand that the waiting period is long. My question is: once I apply for him, if for any reason he cannot renew his work visa, can he stay and work in the U.S. legally while waiting for his green card? Or does he have to go back home and wait?
    Thank you in advance for any input you may offer.

  2. #2
    I acquired my citizenship last year. My brother is also in the U.S. with a H-1 visa. I plan to apply permanent residency for him. I understand that the waiting period is long. My question is: once I apply for him, if for any reason he cannot renew his work visa, can he stay and work in the U.S. legally while waiting for his green card? Or does he have to go back home and wait?
    Thank you in advance for any input you may offer.

  3. #3
    He can remain here as long as he is in a valid status. As soon as his current visa is not extended, he needs to leave or adjust into something else that's available, because once he overstays he'll be ineligable for your petition. I don't think an H-1 visa will last 12 yrs. that's about the average how long a sibling's sponsorship takes... but he may be able to adjust his status to LPR via the H-1 itself. Good luck

  4. #4
    Technically he can only stay here if he applies for AOS before his H1b(or any other non-imm. status)is expired.
    It will take him a decade(with current quotas for 4th preference)to wait for that.
    He could stay on H1b only for 6 years, and extend beyond only if there is a pending LC.
    So, he will either have to leave or change his status to another nonimmigrant status(say F-1) to be eligible to Adjust his status in the future.
    The only thing is if the Congress passess extension of 245(i) he may than stay here illegally between the time his H1b expires and time he is eligible to apply for AOS, pay fine and bingo!
    But 245(i) is no longer debated in the Congress, so...

    The answewr to your question is:
    He can not stay here and later apply for adjustment of status under existing laws if he stays here beyond the expiration date of his valid nonimmigrant status.

    Good luck ;-)

  5. #5
    Yep Kudris and E are right ... u cant be much of help to him at this moment .... Well I hate to say this here as lot of people might jump here so want to clear my statement before any drama starts here ... but IF ONLY IF .... He falls in love with some USC and genuinely marries USC ( the bottom line is real marriage ) then probably he can adjust his status and live here legally ... but the fact is real marriage only .... Have a great day...Pasha

  6. #6
    Pasha Patel: had cleared one loophole. This is the common rules for many of us.

  7. #7
    Hi sab34 bhai ...

    Kem cho? I had to write it this way coz in past even though I replied very clearly ... someone started throwing his anger because of god knows whatever with all kinda accusation ... so this time I m more specific so people don't misunderstand and read between lines ....

    R u in Saudi Arabia right now? I had lots of friends from there ....Pasha

  8. #8
    Namasker Patel Bhai. He must be like one, who keep posting all kind of things over here. This is the fact of life and law. No one can stop this it is here since 1930. If he is upset, Then he should write to his Congressman/Senator, he can not do any thing about this.

  9. #9
    yes sab34 bhai ...

    I agree with you ...truth hurts lot of times ... and we cant do a thing about it ...Have a great day .... Pasha

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