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Results 1 to 8 of 8

Thread: Please help. Applying GC for Brother (currently working on H1 Visa)

  1. #1
    Hi Friends,
    Appreciate your help in answering queries of concerned people. Thank you.
    I am a new US Citizen. My Brother is in US working on H1 visa since last 3 years. He is living in US with his family (wife and a kid). His employer has already applied for his employment based green card, in EB3 category, which would take atleast 5-8 years to get through.
    Since my Brother'ís GC application is filed through employer, Can I file his GC application too ?

    If yes,
    He might leave back to home country in next 1-2 years, so what address should I use while filing his GC application. Should I use home country address or US address.
    Please advise. Thanks for help.

    Regards
    TJ
    --TJ

  2. #2
    Hi Friends,
    Appreciate your help in answering queries of concerned people. Thank you.
    I am a new US Citizen. My Brother is in US working on H1 visa since last 3 years. He is living in US with his family (wife and a kid). His employer has already applied for his employment based green card, in EB3 category, which would take atleast 5-8 years to get through.
    Since my Brother'ís GC application is filed through employer, Can I file his GC application too ?

    If yes,
    He might leave back to home country in next 1-2 years, so what address should I use while filing his GC application. Should I use home country address or US address.
    Please advise. Thanks for help.

    Regards
    TJ
    --TJ

  3. #3
    You can file I-130 for your brother but it will take much longer than EB3. Therefore, waiting for EB3 is better option.

  4. #4
    Agre with Tak
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  5. #5
    Thank you Tak and Hudson.
    Appreciate your reply.

    I understand EB3 takes littles lesser time compared to the time through I-130. But EB3 comes up with major limitation of being stuck with employer till your GC arrives. And in today's economic situation, a person cannot depend on Employer.

    Also, as I said, my Brother will be returning back to home country for good. I wanted to have his GC process going on through I130. But I cannot move forward without getting my following questions answered:

    1) Is it ok to apply his GC through I-130 while he has pending GC application through employer. Is it allowed or do I have to cancel his GC application through employer

    2) Assuming, I can apply for GC and if he plans to returns back to home country for good in next 1 year, then what mailing address should i use in application. His home country's address or US address.

    Thanks
    --TJ

  6. #6
    I found following link through Google search.

    http://research.lawyers.com/as...With-USCIS-6295.html

    As per this information, i can file family based GC application for my Brother while his employment based application is pending.

    Now, only 1 question remains to be answered, what mailing address should I show in my applcation for my Brother. If I use US address, then what if he moves back to home country down the road. Can I change address from domestic to international for family based application.

    Thanks for taking time out in replying.

    TJ
    --TJ

  7. #7
    TJ

    Please read instructions on I-130.

  8. #8
    You can file for your brother first you should read the instructions, and before you file you should see the processing time which is fast....?

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