Lost and confused, need advice please.

[enoch]

Hi everyone,
I’m 19 right now, and I came to the U.S when I was 3 (1992) with my parents on a B-2 visa. So my visa is long-due expired. In 2001, my aunt(USC) filed a i-130 petition for my father. My family is still here. I visited a lawyer and he said first I needed to find out if my petition was filed after April 30 or 31st 2001, I forget which date because I need to know if I fall under the 245i, so we filed a FOIA, which hasn’t come back yet.

I like to know to couple of things.
1. If, or, not the application falls under 245i, after the i-130 application gets reviewed, it is getting nearer to the date on the processing times I saw here http://www.ilw.com/govttimes/pro-vermont.asp
What is next?
2. Right now, I am current attending college and am a junior (took summer and winter courses to be ahead). I was wondering If I was eligible for H1-B sponsorships because I really don’t want to go back to my country, I don’t speak my native language, I have to automatically be enlisted into the army and I just don’t know the culture, this is my home.
3. If I am eligible for H1-B sponsorships, can anyone tell me the steps to it?

I researched into the dream act, however, i dont know if it will pass..and i dont wanna wait and take my chances...i want to have an initiative.

Any guidance would be definitely appreciated.
Thank you
Enoch

 

[LucyMO]

I was wondering If I was eligible for H1-B sponsorships because I really don’t want to go back to my country

no, you are not, since you are out of status. Leaving the States would result in a ban from entering the States for 10 years.

1. If, or, not the application falls under 245i, after the i-130 application gets reviewed, it is getting nearer to the date on the processing times I saw here http://www.ilw.com/govttimes/pro-vermont.asp
What is next?

well, if you get to use 245i, you will file for adjustment of status with I-485 supplement. If not, then you can only legalize through a marriage to a USC, or if one of your parents becomes a USC before you turn 21 (which is probably not going to happen).

Oh, by the way, you may age out in the end, and will not be able to use 245i. You will not be able to use your petition until about 4-7 years from now, look in the visa bulletin (not in the processing times for USCIS). If you are from Phillipines, the wait will be a lot longer - 15 years.

Family All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES

4th 22MAY97 08SEP96 22JUN96 22AUG94 08AUG85

doesn't your aunt have the original notice of receipt for I-130???????