I 130 application for a sibling while staying on H4 visa

Hi Anil

I am Canadian citizen by naturalization (country of birth: India). Currently I am in US on H4 visa expiring in August 2021. Possible extension of H4 visa until December 2022. My spouse’s I-140 was approved in December 2019.

My brother is a US citizen and would like to sponsor me for GC in sibling category. I would like to know if there is any problem in applying I-130 as I am currently in US on a non-immigrant visa? At what stage can I-485 be applied? After applying for I130 can I travel back and forth to Canada and USA.

Thanks
Jo

There is no problem in filing I130 by your brother even if your are on H4 visa.

I-485 can be applied only when Indian family green card date is current for your family based application.

The first step would be to get the I130 approval and then wait for date to get current.

Thanks for the info Anil.