Immigration Site

I am US citizen. Can I apply I-130 for my brother? He is on student visa in US and he is in his 2nd semester? Please advice

you can, but it will take 10-14 years until he can actually apply for adjustment of status. Until then he either has to maintain his non-immigrant status or leave the US.

Thanks for the reply. I understand that. But few of the lawyers told me not to apply I-130 right now in F-1 status as It will affect his H-1 eligibility while I-130 is pending (Immigration intent etc). Is this true. Regarding 10-12 years wait time, he is not concerned about it as he is a Canadian permanent resident and can move to Canada after the expiry of his non immigrant status in the US and wait there until he is eligible for Counselor processing. Please advice.

Either you misheard something, or they are telling you nonsense. Applying for the I-130 would have no effect on his ability to get an H1B, because the H1B directly allows immigrant intent.

However, the I-130 could hurt his chances to use the F-1 to reenter the US. And it could cause problems with obtaining TN status -- perhaps that is what they were really saying and somehow you mixed that up with H1B, because TN is also a work-authorized status that has similar educational requirements as H1B.