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Brother is a USC,parents are PR holder in US. I am in US on B-2 visa If my brother files my petition,can i wait in us legally?

Washington, DC |

I-30 approval is followed by I-485 but requires the availability of current visa no.In that particular time frame since i am already in US can i continue staying in any legal capacity and work till my Visa no is current in family preference cat F-4? OR My parents(over 80 years age) Green card can help me in some capacity? I am married, over 25 years age and having 2 kids minors.Me and my wife holds Masters Degree's
OR my cousin's good business can support me in any capacity??
Guide me some workable option please.

Attorney Answers 4


No, but if you obtain a professional job, your employer may be able to sponsor you for an H-1B visa in 2014.

Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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No, having a sibling's petition in process does not confer a right to remain in the US during the at least 10 years that it will be pending . Since you and your wife possess Master's degrees you could find an employer willing to sponsor your for a professional worker 's visa (H-1B) on April 1, with a start date of Oct 1, 2014 (not possible before, as all H-1B numbers are exhausted until the beginning of the government 's new fiscal year which begins October 1st.)

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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You can't stay while you wait for the visa to become available. However, since you are here, use your time in the US to get a job offer and perhaps you can come back on an H1B in 2014. May be worth exploring other visa categories as well as H cap exempt possibilities with an attorney before you leave.

Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.

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Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

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