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shienin

Junior Member
What is the name of your state (only U.S. law)?

I have a quick question. In three years I will be applying for citizenship. Once approved for naturalization...will I be able to petition my brother who has a valid h1b visa? and can he stay and continue working here while waiting for the approval even if the h1b will have expired already by then? Can he apply for EAD while the petition is on process? thanks in advance
 


evcalyptos

Senior Member
What is the name of your state (only U.S. law)?

I have a quick question. In three years I will be applying for citizenship. Once approved for naturalization...will I be able to petition my brother who has a valid h1b visa? and can he stay and continue working here while waiting for the approval even if the h1b will have expired already by then? Can he apply for EAD while the petition is on process? thanks in advance
You can petition him, but the petition does not give your brother permission to stay in the US.
He can stay while he has an H-1B, and he can stay if he gets another non-immigrant visa, but he can not stay 'just' because you filed I-130 for him.
The I-130 does not qualify him for an EAD.

As you know, the waiting list for that category is years and years long.

http://www.uscis.gov/files/article/A1eng.pdf
 

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