Sibling I 130 and H1B

[javedj 0]

Hello Everyone,

 

I have few queries regarding the I-130 form submission for my sibling. 

 Currently He is in US on H1B visa and his employer has submitted extension petition last year, the decision is still pending due to Covid Situation. 

 I am trying to sponsor his green card using the bring your sibling to US, Hence wanted to clarify few questions before submitting the form.

 

1. In Part 4, Information about Beneficiary - Entry Information - the I94 has the admit date until Nov 2019. However he is still in US as his extension petition is still pending with USCIS. 

    So should i enter the admit until date against date authorized to stay? Also should we provide the receipt no in additional information to let them know that he is legally staying in US?

2. In Part 4 61 a-b The beneficiary is in US and will apply for adjustment of status to that of lawful permanent resident at USCIS office - Is this applicable for my brother? His employer is yet to submit I-140.

   or should we fill 62 a - c The beneficiary will not apply for adjustment of status in US  but will apply for immigrant visa at US Embassy aboard.

3. In the beneficiary section, point 10 regarding petition - Has anyone ever filed a petition for the beneficiary, should we answer no as no one else has initiated the green card petition or do we need to say yes as non immigrant petition was filed. 

 

It will be great if someone can clarify the above points -

thank you

 

[SusieQQQ 11,586]

2. He can’t apply for adjustment of status based on the sibling petition (what you are filing for - the 140 is irrelevant here) until his priority date is current. Depending what country you are from that’s going to be probably 15 years or more. So you can’t answer yes to that, at least at this stage 

[javedj 0]

Thanks Susie, Regarding point 1, Do you know which option to go for?

Thanks

[aleful 1,905]

hi

 

he won't be adjusting status, he will go through consular processing in his country, so that doesn't apply to him

 

date he entered the country

[javedj 0]

Hi Aleful,

Thanks for your response. However, I would like to know that do i need to mention the expiry date as per his i-94 form even if he is staying in the US legally but his petition decision is awaited from USCIS end.