Can anyone help?

[pnair1]

My mother supported me under the category of unmarried sons and daughters on november 2001. In Feb 2005 i received a notice that my application for immigrant petition has been approved. Since then I haven't heard from them. I think i fall under the category of waiting for an immigrant visa to be made available. Can anyone advise me about my choices...... I am living in the US waiting for a visa. My visa that I was on have expired.

[GotPR?]

Originally Posted by pnair1

My visa that I was on have expired.

What do you mean ? Do you mean your visa stamp was expired, or your status has been expired ? What status were you in ? What is expiration date on I-94 ?
Generally, those who do not have valid status are not eligible to AOS.

[pnair1]

My application was filed long before my visa expires. The problem is I don't know how long I have to wait in this category........ nine yrs orginally but shorter time according to the lawyers because I am here. My husband holds a H1 visa and will be soon appling for his green card thru job based. He will like to file for me too. But we are uncertain if I can even file two applications for GC.

[Anahit]

Originally Posted by pnair1

My application was filed long before my visa expires. The problem is I don't know how long I have to wait in this category........ nine yrs orginally but shorter time according to the lawyers because I am here. My husband holds a H1 visa and will be soon appling for his green card thru job based. He will like to file for me too. But we are uncertain if I can even file two applications for GC.

In order to know the current dates for visa categories you check it here: http://www.travel.state.gov/visa/frv...etin_3009.html. Your being here does not shorten your waiting time. Plus, you have to maintain your legal status while waiting, otherwise you're not eligible for AOS.
As far as for your mom's petition, it is void now since you're married (assuming that she was a permanent resident when she filed for you), unless she was a citizen at the time you got married and can upgrade her petition, if hasn't done so yet.
You can file 2 or more applications for GC, but you haven't filed any so far...

[pnair1]

My mother is a citizen and I do have a petition in. My husband and I are not legally married as yet. But we are thinking of doing so to get me back into status. Can he file a green card petition for me even though I came out of status for a short while or can he file for an H4 visa???

[Anahit]

Originally Posted by pnair1

My mother is a citizen and I do have a petition in. My husband and I are not legally married as yet. But we are thinking of doing so to get me back into status. Can he file a green card petition for me even though I came out of status for a short while or can he file for an H4 visa???

Sorry... don't know anything about H visas...
Others can help.

[GotPR?]

Originally Posted by pnair1

My mother is a citizen and I do have a petition in. My husband and I are not legally married as yet. But we are thinking of doing so to get me back into status. Can he file a green card petition for me even though I came out of status for a short while or can he file for an H4 visa???

You can file 2 petitions at the same time if you are eligible.
However, if you are not married, you can not be dependent of your spouse's GC nor H1.

Still not clear what sitution you are in. Regarding filing H4, you can not file change of status if you are not in status(can file at consulate), that is why I asked whether your visa stamp got expired or status (I-94) got expired, but you did not answer.

[TheRealCanadian]

Originally Posted by GotPR?

Still not clear what sitution you are in. Regarding filing H4, you can not file change of status if you are not in status(can file at consulate), that is why I asked whether your visa stamp got expired or status (I-94) got expired, but you did not answer.

This is a critical question. Depending on the answer, there may be no legal way to become a PR for many years.

[pnair1]

I think both is out of status. On my I94 it is undefinitely stamped but my visa is expired

[pnair1]

I think both is out of status. On my I94 it is undefinitely stamped but my visa is expired

[GotPR?]

Assuming you were on F1, you are not overstaying in definition, but out of status at this moment. Anyway, out of status does not make you eligible to COS, you may need to go out and get H4 stamp to enter the US. Talk about GC after you be on valid H4 status.