Urgent and expert advise required please!!!!!!

R

rekha56

Registered Users (C)
Here is the situation:
I am on H1B with my husband and son on H4. Son will be 18yrs old in June'2005. My company is into proceedings for my labor through PERM and is expected to file in July'2005 under EB3 category and if all goes well, I should have approval by the year end.
Now I have to wait for visa number which currently runs the files for June'02. that means a wait of more than 3 yrs from today.
My son clearly misses the bus here as he would have crossed the 21 yrs age barrier.

I was thinking of having my sister-in-law who recently got US citizenship to file for my husband with me and my son as co-beneficiaries.

Though it would take 12yrs for the case to become current, atleast would my son be able to take advantage? I mean would his age be locked based on my husbands priority date?
 
rekha56 said:
Here is the situation:
I am on H1B with my husband and son on H4. Son will be 18yrs old in June'2005. My company is into proceedings for my labor through PERM and is expected to file in July'2005 under EB3 category and if all goes well, I should have approval by the year end.
Now I have to wait for visa number which currently runs the files for June'02. that means a wait of more than 3 yrs from today.
My son clearly misses the bus here as he would have crossed the 21 yrs age barrier.

I was thinking of having my sister-in-law who recently got US citizenship to file for my husband with me and my son as co-beneficiaries.

Though it would take 12yrs for the case to become current, atleast would my son be able to take advantage? I mean would his age be locked based on my husbands priority date?
Click to expand...

best possible way is after 21 put your son under F1, on completion of graduation he can work for one year under OPT, mean time he can get his own h1. With 6 Yrs h1/LC/GC is also possible..
 
based on your advise....

Guru,
thanks for the quick reply. based on your advise, i was thinking of sending my son back to india(as he is on H4 and not eligible for any govt.aid/benefits; and fees are too high here) to do his chartered accountancy, he wants to do CPA. he could do his masters in accountancy or do a MBA and come back on F1 as you advised. having a masters with CA would give him the required credits to bypass further education here, though he may have to do a years course before he can sit for his CPA exam. Following this, he could work with a CPA firm who could sponsor his H1.
The reason for doing masters is that he could be placed in the EB2 category which would not retrogress as much as EB3 has, and probably by the time he may come back and get into the process, things may have changed for the better.
The question is, if we do follow the above, would i still be able to sponsor him?
Your comments please.
 
If you are here as permanent residents or your application is pending while he applies for F1 from India, he will not get the F1 . he will neither have significant ties nor will be able to prove nonimmigration intent. F1 will in my opinion then be out of question.
 
i do not intend to surrender my H1 status until i apply for consular processing. we are looking at 4 to 5 yrs based on current backlogs movement. by then, he could come over on H4, or can he not? If he can, then I guess he could apply for change of status to F1.
is this really possible? I am really concerned about all this, and would like to know if it is possible to make it a win win situation
 
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