I am on H1B visa and my sister is a U.S. citizen. Once she submits I-130 to apply me a green card, can I keep working?

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I got my H1B visa in 2012 and I am not sure if my sister starts the process to apply me a green card, will that affect my H1B status? Can I still renew my H1B once it expires in three years?

Attorney Answers

5
F Capriotti 2793192.Html ·
It won't help, nor hurt your H. That is because a sister's petition isn't any good for at-least 10 years.
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Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
H-1B status, just like L-1A is a hybrid "animal": "dual intent" is allowed. In other words, the fact that you have an immigrant petition filed on your behalf will not affect the validity or future renewal of your H-1B status one way or the other. Especially with everybody knowing how long a sibling petition takes to become current.. You can keep working and extending without fearing any adverse consequences.
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Carl Michael ShustermanImmigration AttorneyLos Angeles, CA ·
A sibling petition can take 11-23 years to get you a green card. It has no effect on your H-1B status. If you wish to keep working, have your employer sponsor you for a green card. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Subscribe to our Free Immigration Newsletter 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)
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Kevin Dixler ·
I agree. It is okay to have immigrant intent, since you can have immigrant when filing for an H1b visa. However, it may take decades, perhaps three even four decades for a 4th preference sister visa. No one really knows at this point, since Congress severely limits the number of visas issued per year in the sibling category. This has made the fourth preference visa category of questionable use since 1990. You may want to consider other lawful visa options, as well. Good luck.
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Dhenu Savla ·
Depending on your country of origin, it may not be a bad idea to have a sibling application filed as a backup and then forget about it. An important benefit is that your spouse and children under 21 will all be granted green cards when the sibling petition becomes current, even if a decade later. I say attempt a number of options if possible. Dhenu Savla, Esq. SwagatUSA, LLC www.swagatusa.com/attorney
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