QUESTION

Does filling I-130 F4 affect H-1B petition later?

Asked on Jan 19th, 2012 on Immigration - Colorado
More details to this question:
My sibling is a US citizen, on a valid F1 status(Opt), I want to know if filing I-130(F4 ) affect H-1B petition later?
Report Abuse

9 ANSWERS

Immigration Law Attorney serving New York, NY
I-130 should not affect H-1B because these non-immigrant petitions allow dual intent.
Answered on Feb 08th, 2012 at 11:45 AM

Report Abuse
Leon Wildes
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.
Answered on Feb 06th, 2012 at 9:06 AM

Report Abuse
Rebecca T White
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.
Answered on Feb 06th, 2012 at 8:36 AM

Report Abuse
Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
Update Your Profile
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.
Answered on Feb 06th, 2012 at 7:59 AM

Report Abuse
It should not affect it since H-1B is dual intent visa.
Answered on Feb 03rd, 2012 at 11:24 PM

Report Abuse
No, being the beneficiary of an I-130 does not compromise eligibility for H-1B status as it allows for dual intent.
Answered on Feb 03rd, 2012 at 2:35 PM

Report Abuse
LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
Update Your Profile
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.
Answered on Feb 03rd, 2012 at 2:13 PM

Report Abuse
Intellectual Property Attorney serving Menlo Park, CA at Sheppard Mullin
Update Your Profile
No impact what so ever.
Answered on Feb 03rd, 2012 at 1:27 PM

Report Abuse
The filing of an I-130 will not affect a future application for H1B because that is one of the few nonimmigrant visas that permit dual intent.
Answered on Feb 03rd, 2012 at 1:08 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters