Atici72

Hi all!

I am a U.S. citizen. My brother is an Italian citizen, and got his master
degree in the States from USC (University of Southern California), then went
back to Europe and worked for different American companies such as Hewlett
Packard, Cisco, and EMC.

Since I am a U.S. citizen, I like to get my brother a green card, and in the
meantime, my brother is looking for a job in the States.

Since my brother can get an H-1B status way faster than I can get him a green
card through a family-based sponsorship, I don't want to get in the way of my
brother getting an H-1B status by starting family-based petition for green
card.

If I file a petition for my brother, would it prevent my brother to obtain an
H-1B status?

If I file a petition for my brother, he has to wait for an available visa(and I
am not sure how long the waiting period might be). In that case, can he come,
and work here under H-1B status while he waits for available visa after I file
a petition for my brother?

I think it might be very tedious and next to impossible to get a green card
through H-1B status since not all but most employers want to keep any foreign
employee under a short leash by not sponsoring for green card, do you think it
is a better choice to get my brother a green card through a family-based
petition rather than H-1B status?

Thanks in advance for all your help!

Ujjwalc

Talk to an attorney.

If your brother is here on H1b, the same
company may sponsor hm and
employment based green card process
is faster ( on an average 2 years ).

If you start he I-130 process, then
he may not get US Visa. Only spouses
and children of US Citizens get K and V
Visas while I-130 is pending. Looks like
if he is here on H1b if some company
is willing to hire and do the paperwork, then that may be a faster process.

Sylvia Ottemoeller

"Atici72" wrote in message
news:20021007182658.23724.00-
[email protected]...

    > I am a U.S. citizen. My brother is an Italian citizen, and got his master
    > degree in the States from USC (University of Southern California), then
went
    > back to Europe and worked for different American companies such as Hewlett
    > Packard, Cisco, and EMC.
    > Since I am a U.S. citizen, I like to get my brother a green card, and in
the
    > meantime, my brother is looking for a job in the States.
    > Since my brother can get an H-1B status way faster than I can get him a
green
    > card through a family-based sponsorship, I don't want to get in the way of
my
    > brother getting an H-1B status by starting family-based petition for green
    > card.
    > If I file a petition for my brother, would it prevent my brother to obtain
an
    > H-1B status?

No. A person is allowed to have the intent to reside in the U.S.
permanently, and to obtain an H-1B visa, and hold H-1B status, at the same
time.

    > If I file a petition for my brother, he has to wait for an available
visa(and I
    > am not sure how long the waiting period might be). In that case, can he
come,
    > and work here under H-1B status while he waits for available visa after I
file
    > a petition for my brother?

Yes.

    > I think it might be very tedious and next to impossible to get a green
card
    > through H-1B status since not all but most employers want to keep any
foreign
    > employee under a short leash by not sponsoring for green card, do you
think it
    > is a better choice to get my brother a green card through a family-based
    > petition rather than H-1B status?

The wait for permanent resident status through category F4, sibling of a
U.S. citizen, is so long that your brother will probably obtain
employment-based PR status, or leave the U.S., before his waiting time for
the quota is over. H-1B can only authorize his work for 6 years. (He could
then leave the U.S. for one year, and start another 6 year period in H-1B
status.)