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Family based Greencard processing for H1B worker

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  • Family based Greencard processing for H1B worker

    Hi,

    Currently I am working in H1B visa. My brother is US citizen. He wants to apply for me on Family based immigration application.

    1. Does it will affect my current H1B visa? or current Employment based greencard processing?

    2. does family based immigration conflicts with H-1B employment based immigration if both running at the same time?

    Pls let me reply if someone having any idea...

    Tanks

    Alien

  • #2
    H1B status

    Your H1B and pending employment based I-485 are not affected by a family sponsored AOS application.

    One thing you will need to consider is the renewal of your H1-B. If you submit the family based application then it is best to keep renewing the H1-B if it expires before the USCIS adjudicates your family based application. Theoretically a pending family based application would allow you not to renew the H1-B until they give you a decision, however if they decide not to allow the family based application, lapsing the H1-B would also affect the employment based I-485. For this reason, its is best to keep the H1-B current.

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