Citizen filing green card for brother

[suradh]

Hi,
I am a US Citizen. My brother works for a company and has a H1B work visa. The company filed for his green card and he has the I-140 approved already. They are yet to file for 485. Recently he got information that there might be mass layoff at his company. They haven't given much information on who is going to be laid off. So I am trying to see if I can file for his green card, just to be on safe side.

So my questions are :

1. Can we file the I-130 and 485 at the same time ?
2. Can he stay in legal status as long as the case is pending ?
3. What other options do we have to have him stay legally to scout for a new job, in case he is laid off ?

If anyone has any information you can share, its greatly appreciated..

Thanks for your time.

R

[rayb]

Eligibility for a sibling visa is 12-23 years, depending on country of applicant.

1. If you file his I-130 and I-485 at the same time, the I-485 will be denied and you may lose the $1,070 submittal fee, since he is not eligible to be processed.
2. Since the brother would be in waiting mode for his visa class eligibility, he is not in legal status and is not protected in the U.S.
3. He might try to transfer his H1B status to another employer, but I am only guessing for this option.

--Ray B

Hi,
I am a US Citizen. My brother works for a company and has a H1B work visa. The company filed for his green card and he has the I-140 approved already. They are yet to file for 485. Recently he got information that there might be mass layoff at his company. They haven't given much information on who is going to be laid off. So I am trying to see if I can file for his green card, just to be on safe side.

So my questions are :

1. Can we file the I-130 and 485 at the same time ?
2. Can he stay in legal status as long as the case is pending ?
3. What other options do we have to have him stay legally to scout for a new job, in case he is laid off ?

If anyone has any information you can share, its greatly appreciated..

Thanks for your time.

R