Any provisions for F2B beneficiary if already in US?

U

ucnair

Registered Users (C)
Here's my situation:
My mother is a permanent resident and filed my immigration petition in 1994. After one year my catergory changed to F2B as I turned 21.
I came to US in '97 on an H1 and was hoping that my family based petition's priority date would currrent and I would be able to file for AOS. Apparently, the dates have not become current and at present I am approximately 8/9 months from becoming current. My H1B 6 year time period ends on Aug 1 '03 that is 11 months!!
My employer has also applied for my labor certification but it seems to have got stuck in regional office due to some layoffs earlier this year. It seems regional office has requested for additonal information but am not sure how that is going to go and how long will it take for DOL to certify my case.

Does anybody know of anything I could do to avoid going back in Aug '03?
Are there any provisions for people who have already come to US legally and their petition is not current yet to file for AOS?

Thanks in advance for the advice.

ucn.
 
I am in the same boat here, though I have abou 3 years left on my H-1. My fiance can file for her citizenship only after 4 years, since she got here GC last year.

Is there anything provision for me for the period between my H-1B expires and she can file for my residency.

Any help/adivce on this would highly appreciated.

thanks...
 
I do not understand the problem. F2B has reached February 1, 1994 as of October 2002. I suggest that you seriously look at the exact priority date and estimate the time it will take to reach your date, before plotting a course of action.
 
Colaba,
I am not sure how well verse you are with the progress/retrogress of the priority dates but the problem with these family based petitions is that the dates don't move in a very definite pattern!! Even if the priority date is Feb 1 '94 right now it doesnt mean that next month the date would be Mar 1 '94.

ucn.

Originally posted by COLABA
I do not understand the problem. F2B has reached February 1, 1994 as of October 2002. I suggest that you seriously look at the exact priority date and estimate the time it will take to reach your date, before plotting a course of action.
Click to expand...
 
I am well versed enough to know what the F2B date in October 1994 was December 15, 1989. You are right that do not necessarily move in a pattern.

Why are you not providing the basic facts? What is the exact priority date of your F2B petition. Without those facts, all discussions are academic and meaningles and you will not get the right answers.
 
I don't know what basic facts you are talking about and for that matter nobody asked for any ;) ......anyways... my priority date is Oct 24 '94

ucn
 
I feel that F2B will get clogged up in the next few months. A lot will depend upon the interpretation of the new CSPA. That may put tremendous pressure on the priority dates. It is quite possible that the date may not move up to October 24th in the next 10 months.

I still believe that the family based petition is your best bet. The 7th year H-1b extension will become law in the next few weeks. Your best bet will be to file for the H-1 extension and wait for the F2B date to become current. That will probably be fater than the emplyment based option that you are pursuing.
 
colaba,
I know what you are trying to say and was aware of these facts, my initial question was if anybody knows of any other provisions.

Anyway thanks for the reply,

ucn.
 
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