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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. 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? And what is approximate waiting time for Pakistani citizens who have applied for permanent residency under sibling
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Submitted by Alexander J Segal on January 4, 2012 - 10:46am
You may be able to obtain a non-immigrant visa (i.e. H1B, J1, B2, etc.) even if your brother has petitioned for you to receive immigration benefits. The pending petition will be a factor in favor of a finding that you are an intending immigrant, but you can overcome this presumption by showing you will comply with the terms of your non-immigrant visa. As for whether you have to depart upon completion of an H1B, you will not be eligible to adjust your status in the United States based upon a sibling petition unless you maintain lawful non-immigrant status. As such, the answer depends upon whether you have visa available at the time your H1B visa expires. Most likely, you will be required to depart. Visa availability for a sibling petition fluctuates monthly. This month they have visas available for cases filed on or before May 15, 2000. Based upon when your brother filed the petition, you have about a 10 year wait.
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