What is allowed in a H1B Sibling Sponsored Immigration? 1 Answers as of June 29, 2011

1- Last year my brother sponsored me on basis of sibling scheme for US Permanent residency. I am heading to Caribbean for medicine MD. I would need non-immigrant visas for clinical rotations during MD and once passed USMLE (God willing), H1B to enter US for residency. Will I be allowed entry for both purposes as have already applied for permanent residency under sibling scheme. 2- also is it necessary to leave H1B visa after 6 years. And then to return again which visa is required? I mean if H1B expires during residency then I would be in hurdle and need to remain there on some other visa category to complete residency, then which visa is suitable or possible for me 3- And what is approx estimate waiting time for Pakistani citizens who have applied for permanent residency under sibling scheme.

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Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Since your brother file an I-130 for you, you would need to disclose on the nonimmigrant visa application that this was done. Question is whether an immigrant visa has ever been filed on your behalf and you just say yes that an I-130 was filed by my brother for me. I understand there will be a long wait and I intend to honor the terms of any visa I get while waiting and return to my home country as agreed. Good news is that the H-1B is a dual intent visa so the I-130 would have no effect of your ability to get the H-1B. Depending on how quickly, or slowly, the FB-4 (sibling category) is progressing when you approach about 4 years on your H (or sooner with a willing employer) you should ask the employer to sponsor you for a green card to speed up the process as you would be in the EB-2 advanced degree category which is current except for India and China. There is no prohibition on applying in multiple categories. You can do the Diversity Lottery as well if from a qualifying country. If you want more specific advice to your case, call to schedule a paid consultation.
Answer Applies to: California
Replied: 6/29/2011
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