Does filling I-130 F4 affect H-1B petition later? 12 Answers as of February 08, 2012

I-130 should not affect H-1B because these non-immigrant petitions allow dual intent.

Only for the important fact that with a pending immigrant visa, you have officially declared your intention to remain in the US. That may go against your desire to receive a temporary nonimmigrant visa from the US since your intention is really to stay in the US as evidenced by the pending immigrant visa.

It will take years till your 44th pref case will get you residence and if you need temporary approvals in the meantime the case may hurt your chances of proving that you do not intend to be a permanent resident.

An I-130 will not impact a future H-1b petition. H-1b's do not require a showing of non-immigrant intent to be issued.

More importantly, it will take many years for the I-130 to become current and while an H-1B can have dual intent, it may later affect a B2 Visa. Your sibling should do a PERM. *PERM Labor Certification* A Labor Certification is an application filed by your future employer. Labor Certification is now known as PERM and moves through the system much faster than before. In fact, if everything goes smoothly, after filing the Labor Certification, it could take only 60 days. This is years faster than before. It is an offer of employment that will allow you to work for that employer when you get your Green Card. My office prepares the paperwork and application and then sends it out for signature to you and your employer. We guide both of you through the entire process so that you will never wonder what to do next. Please note that even though the Labor Certification process is much faster, that it is still taking years for the visa number to become current.

It should not affect it since H-1B is dual intent visa.

No, being the beneficiary of an I-130 does not compromise eligibility for H-1B status as it allows for dual intent.

It will not affect the H-1B as that nonimmigrant visa category is a dual intent visa. But please note that the FB-4 priority dates are very long and it will be difficult to keep in H-1B status the entire time.

No impact what so ever.

It should not have an effect on a subsequent H-1B, provided that any USCIS or CBP (port-of-entry) or consular inquiries on this issue are handled SMARTLY. H-1B nonimmigrant status is one of two nonimmigrant classifications that are recognized under the law as "dual intent" nonimmigrant statuses. In other words, while most nonimmigrant classifications require the applicant/beneficiary to have bona fide nonimmigrant intent, and to be able to establish to the satisfaction of immigration or consular authorities that they have a residence abroad and have no intention to abandon that residence and remain in the United States, the H-1B visa classification permits an H-1B beneficiary to have a simultaneous dual intent, in that they are able to articulate and establish a bona fide good faith intention to comply with the terms and limitations of their nonimmigrant stay, and plan to leave the United States upon (or before) the expiration of their authorized nonimmigrant stay, however, if an opportunity presents itself that would enable them to obtain permanent resident status, they simultaneously intend to take advantage of that opportunity, if possible. Note that F-1 is NOT a dual intent classification, but if you are not traveling abroad, are near the end of your OPT and about to have an H-1B petition filed on your behalf, a sibling I-130 filed before the end of your OPT and before the start of your H-1B should not cause problems, but you may want to wait until the H-1B has been approved before having your sibling file the I-130.