Family based GreenCard

samjig

New Member
Hi All,

I wanted to take your expert opinion on my immigration situation. Please see below some background of my status:

- My parents filled at petition in 2001 based on F2B category - at this time I was unmarried and was 22 years old and my parents was on a greencard
- I got married in January 2005 and my parents informed USCIS about my marriage and they sent a letter informing us that we need to file a new petition once my parents become citizens.
- My parents became citizen in November 2006 and filed new petition based on F3 category in December 2006 and USCIS approved petition for both (My wife and I) with the priority date of December 3006.
- My wife and I were issued a b1/b2 visa and visited US in 2007. I found an employer during my visit to US who can file an H1B petition.
- My H1B Petition was approved in 2009 for Nov 2009 - Oct 2012 and currently I am working in US for the same company who filed my petition.

- I got divorced in February 2011. So now I am divorced and wanted to find any way to expedite my case based on my parents petition?

Is there any adjustment of my status possible based on my parents' status/petition?

Please help me in this situation.

Thanks,
Sam
 
- I got divorced in February 2011. So now I am divorced and wanted to find any way to expedite my case based on my parents petition?

By "expedite" I assume you mean changing to the faster 1st preference category because you're no longer married. Yes your parents can notify USCIS of your divorce (with your divorce decree), but nothing will happen for now because next month's visa bulletin shows May 2004 for 1st preference (except Mexico/Philippines) so it will be a long while before they reach your Nov. 2006 priority date. But since you have more than 4 years left of the standard 6 years of H1B eligibility, there is a good chance you'll still be in the US and able to file for adjustment of status when they reach your date.
 
You are allowed to concurrently be petitioned by an employer. It's hard to say with any certainty which would become "current" first.
 
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