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?

Asked 9 months ago - 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.
Regards

Attorney answers (4)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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... more
  3. Maria J. Marty

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.... more
  4. Harry Asatrian

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . NO.

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more

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