Dear Friends,
I am about to to Natrualized in the United States.
My son could not get his green card with us since
he was over 21 years in age at that time although
his name was included in the petition filed by my
wife's sister for immigrant visa for my wife.
myself and our children. However, he came to US
three years ago on HIBI visa to complete residency
in internal Medicine and now he is going in for
two years fellwoship commencing July 2002 and his
HIBI visa has also been extended by INS
correspondingly. I have the following questions in
this regard:-
(1) Can I Sponsor him for Green card while he is
here in the US on H1B1 visa and file a petition
for his immigrant visa on form 130 as soon as I
get my Natrualization certificate in hand under
the category "Married children of US citizens"
(2) If yes, how long it normally takes for
approval of such petitions.
(3) After approval of 130,how long we will have to
wait for filing application application for
adjustment of status.
(4) will he have to leave US if within the next
two years of the validity of his H1B visa, this
process cannot be accomplished ie approval of 130
and filing of application for adjustment of status
or can he be permitted to continue to stay in the
US once petition 130 filed by me for his immigrant
visa is approved and what modelities are to be
adopted for this purpose.

Dear Anonymous:

We will answer your questions in the order they were asked.

1. Yes.

2. It will take about 2-3 years for approval of the petition, but this varies from office to office.

3. Currently, the waiting list in the family-based 3rd preference category is about 6-8 years long.

4. He will not be permitted to remain in the US just because you have filed a petition for him. The same is true, even if the petition is approved. He will have to try to stay legally in some other visa category.

Good luck.

Hi,

This is regarding the H1 applications which USCIS (ins) started accepting on 1st april, for the year starting october, 04.

any help will be really appreciated.

1) are they doing premium processing for h1 to be granted after october,2004.

2) my company lawers are doing the normal processing for my H1. they said that ..at this point as you will be getting the visa only after october, 2004. so even if we do the premium processn its waste.

3) but now my Question is. if I secured a place for myself in the line by the regular process well in advance, and now after that if a lot of people apply for the premium processing, would I be moved out of the place(in case the cap is reached) and preference will be given to the people who applied for premium processing after me?

Thanks a lot for all your time.

Regards Eran

I am currently engaged to an illegal immagrant. She came to the U.S. four years ago on a vacation VISA and needless to say her VISA has expired. We wish to get married but am unsure of the process to take. Is a priest or clergyman permitted to marry us in church or do we have to get married by the justice of the peace in court? What should I expect as for getting married and getting the ball rolling for her greencard and ultimately her citizenship??
Thanks for your help and comments.

Presently, i am on H1-B. I got the job offer at India. They are asking me to join immediately and start work in their US branch for 2 months and then come back to India. If i resign to the present employer, they might cancel my H1-B. How long i can stay here after cancellation of H1-B?