US citizen parents sponsoring over 21 son..

Mermaid and Drownfish, do you guys reside inside the US or outside? It makes sense if you live outside the US and send your file to NVC, because that's where your files are, but since I live in the US, but files are at USCIS, I have called NVC, they don't have my file.
Hi, I am in U.S. on student visa now and was also back when i130 was filed in 2002. I am not sure why my file is at NVC and honestly don't even know where it is supposed to be, maybe in the garbage bin.
 
Mermaid, do you have a lawyer handling your case or you are filing everything by yourself? I am seriously considering getting a lawyer, I can't even get through this simple upgrade thing by myself, it's being a year now.
 
Mermaid and Drownfish, do you guys reside inside the US or outside? It makes sense if you live outside the US and send your file to NVC, because that's where your files are, but since I live in the US, but files are at USCIS, I have called NVC, they don't have my file.

Csiq,
I am in us now and under h1b. i have no idea about different between uscis and nvc. i think uscis and nvc they have your file in database. I have a lawer but i think it is not worth i pay him.
 
Mermaid, do you have a lawyer handling your case or you are filing everything by yourself? I am seriously considering getting a lawyer, I can't even get through this simple upgrade thing by myself, it's being a year now.

You have to be persistent here. Write more upgrade letters to NVC and california center. Call the 1800 number from the website and request status check of your case. Make sure that your case number and all identifying information is there, so it is easy for them to locate your file. If you hire a lawyer it will not guarantee that your case will be taken care of. Until PD becomes current I see no point in hiring one, and even then many people file on their own.
 
The upgrade is not a complicated issue. All you do is write a letter to the INS. The important thing is for the dates to become current - you can upgrade anytime after the sponsor becomes a US citizen.

ULTRON

Mermaid, do you have a lawyer handling your case or you are filing everything by yourself? I am seriously considering getting a lawyer, I can't even get through this simple upgrade thing by myself, it's being a year now.
 
Mermaid, after you're done with school, couldn't you get yourself H1B petitioned? I know someone who was on student visa, got a BS in nursing, and got H1 visa. But what also depends on what you're studying, etc.

ULTRON

You have to be persistent here. Write more upgrade letters to NVC and california center. Call the 1800 number from the website and request status check of your case. Make sure that your case number and all identifying information is there, so it is easy for them to locate your file. If you hire a lawyer it will not guarantee that your case will be taken care of. Until PD becomes current I see no point in hiring one, and even then many people file on their own.
 
Mermaid, after you're done with school, couldn't you get yourself H1B petitioned? I know someone who was on student visa, got a BS in nursing, and got H1 visa. But what also depends on what you're studying, etc.

ULTRON

Hi, H1B is always an option, but it will severely limit the types of residencies I can apply to. As you may remember I am in medschool and have to apply for residencies next fall. Some don't even interview people on F1. I do have a year of practical training during which I can complete preliminary year or transitional (I hope), but that means I will have to take a break for a year applying to residencies later than my classmates. I have to seriously start researching my options at this point.
Nursing is easier I think because of great shortages...
 
Wow...I'm also in medical school! Am studying for the Step 1. Yeah, it's always good to have a GC before MATCH...unless one wants a lousy FP residency in some remote location. Are you US trained? I don't think you should have any problem having H1B issued if you're locally trained. An IMG seeking H1/J1 has a double negative against them. Have you taken the boards?

ULTRON

Hi, H1B is always an option, but it will severely limit the types of residencies I can apply to. As you may remember I am in medschool and have to apply for residencies next fall. Some don't even interview people on F1. I do have a year of practical training during which I can complete preliminary year or transitional (I hope), but that means I will have to take a break for a year applying to residencies later than my classmates. I have to seriously start researching my options at this point.
Nursing is easier I think because of great shortages...
 
Wow...I'm also in medical school! Am studying for the Step 1. Yeah, it's always good to have a GC before MATCH...unless one wants a lousy FP residency in some remote location. Are you US trained? I don't think you should have any problem having H1B issued if you're locally trained. An IMG seeking H1/J1 has a double negative against them. Have you taken the boards?

ULTRON
I had my step 1 in june and started clinicals. All this hard work and then at the end getting screwed without GC. Painful ... I am still hopeful this will move within the next year or so... Is it too much to ask for 7 freaking years waiting under FIRST preference category. What a joke!!!
 
I understand your pain. But not to worry....you're looking at a 2010 MATCH; something might come up before then. Technically, all you need is a valid EAD to get into a good residency.

Oh well, about 15 more days till my PD becomes current (hopefully!!).

ULTRON.

I had my step 1 in june and started clinicals. All this hard work and then at the end getting screwed without GC. Painful ... I am still hopeful this will move within the next year or so... Is it too much to ask for 7 freaking years waiting under FIRST preference category. What a joke!!!
 
I went the immigration office in downtown and saw the immigration officer by appointment, and spoke with her regarding my upgrade (my mom was withe me), and they told me something really confusing. They said I am already in the 1st category, but the immigration (I think they meant USCIS here) will not sent me any confirmation because my priority hasn't reached. They said I cannot apply anything to the USCIS because my priority date hasn't reached yet, if I sent anything to the USCIS, they can't do anything with it, because again my priority date hasn't reached. But that's not what the USCIS website is saying!!! On the website it says I can upgrade to First preference after my mom become citizen, that's it! I don't have to wait til my priority date to be reached for that! And You guys have already done it! WHYYYY!
And what's confliciting is that they said I am already First preference, so if I hasn't applied for it yet, how can I already be first preference, and if the USCIS doesn't send me confirmation, how would I know it. What if after my priority becomes current, and because I don't have any proof (besides her words) that my case has being upgrade, and they would be a like now you are still F2b, you need to apply for F1, which will take couple more month (I heard 8 month). How can I trust them without written confirmation. Why the hell everybody else gets upgraded, I cannot. I followed the same procedure, I have the same quality, but why I can't do it.

Is it just because I did it myself and the only way to upgrade is paying a lawyer who might knows the trick that I don't? I am soooooooooooooooooooooooooooooooooo damn frustrated!!!! How can the immigration officer (the woman looks very unsophisticated and under educated and rude by the way) telling conflicting things from their OFFICIAL rules posted on their website! HOW CAN I trust them as my life is going by, while they don't give a damn about it and just pushes you around like that! What kind of world is this. FUCCCCCCCCCCCCCCCK.
 
Is it just because I did it myself and the only way to upgrade is paying a lawyer who might knows the trick that I don't? I am soooooooooooooooooooooooooooooooooo damn frustrated!!!! How can the immigration officer (the woman looks very unsophisticated and under educated and rude by the way) telling conflicting things from their OFFICIAL rules posted on their website! HOW CAN I trust them as my life is going by, while they don't give a damn about it and just pushes you around like that! What kind of world is this. FUCCCCCCCCCCCCCCCK.

Yep, I know the feeling, every time I go for Infopass they tell me that I am not able to enjoy "IMMIGRATION F***G BENEFITS" What benefits? This country is living off immigrants basically and they present this picture of immigrants enjoying tremendous benefits here.

I suggest you keep writing upgrade letters and call the 1800 number. YOU DO NOT NEED A LAWYER FOR THIS.
Infopass is totally useless, they just hire minimum wage people who barely got their high school diploma to work there. But they might be right in that once your PD becomes current UNDER F1, go ahead and adjust and include an upgrade letter with your application. If you read earlier posts here there was someone who went this route and it worked for them.

Hang in there!!
 
Patience my friend, patience. Trust me, I spent 1/3 of my life playing this waiting game! Once your PD is reached, it'll all be OK.

I went the immigration office in downtown and saw the immigration officer by appointment, and spoke with her regarding my upgrade (my mom was withe me), and they told me something really confusing. They said I am already in the 1st category, but the immigration (I think they meant USCIS here) will not sent me any confirmation because my priority hasn't reached. They said I cannot apply anything to the USCIS because my priority date hasn't reached yet, if I sent anything to the USCIS, they can't do anything with it, because again my priority date hasn't reached. But that's not what the USCIS website is saying!!! On the website it says I can upgrade to First preference after my mom become citizen, that's it! I don't have to wait til my priority date to be reached for that! And You guys have already done it! WHYYYY!
And what's confliciting is that they said I am already First preference, so if I hasn't applied for it yet, how can I already be first preference, and if the USCIS doesn't send me confirmation, how would I know it. What if after my priority becomes current, and because I don't have any proof (besides her words) that my case has being upgrade, and they would be a like now you are still F2b, you need to apply for F1, which will take couple more month (I heard 8 month). How can I trust them without written confirmation. Why the hell everybody else gets upgraded, I cannot. I followed the same procedure, I have the same quality, but why I can't do it.

Is it just because I did it myself and the only way to upgrade is paying a lawyer who might knows the trick that I don't? I am soooooooooooooooooooooooooooooooooo damn frustrated!!!! How can the immigration officer (the woman looks very unsophisticated and under educated and rude by the way) telling conflicting things from their OFFICIAL rules posted on their website! HOW CAN I trust them as my life is going by, while they don't give a damn about it and just pushes you around like that! What kind of world is this. FUCCCCCCCCCCCCCCCK.
 
haha...well put!

Yep, I know the feeling, every time I go for Infopass they tell me that I am not able to enjoy "IMMIGRATION F***G BENEFITS" What benefits? This country is living off immigrants basically and they present this picture of immigrants enjoying tremendous benefits here.

I suggest you keep writing upgrade letters and call the 1800 number. YOU DO NOT NEED A LAWYER FOR THIS.
Infopass is totally useless, they just hire minimum wage people who barely got their high school diploma to work there. But they might be right in that once your PD becomes current UNDER F1, go ahead and adjust and include an upgrade letter with your application. If you read earlier posts here there was someone who went this route and it worked for them.

Hang in there!!
 
OK everyone. As my PD nears, I'm filling out certain forms; even had my immigration health (TB test; Blood works; overall physical) done today. Here is a list of forms my lawyer asked me to fill out:

1. Form G-28, Notice of Entry of Appearance as Attorney - This form has to be signed by you

2. Form G-325A, Biographic Information - This form has to be signed by you

3. Form I-485, Application to Register Permanent Resident or Adjust Status - This form has to be signed by you

4. Form I-485SUPA, Supplement A to form I-485 - This form has to be signed by you

5. Form I-765, Employment Authorization - This form has to be signed by you

6. Form I-864, Affidavit of Support - This form has to be signed by your sponsor

Regards,

ULTRON.
 
updates

my case is slowly moving forward. Here are a few updates:

District Office: NYC (application is current in NBC AFAIK)
Category: unmarried son/daughter of US citizen (Family 1st prefrence)
Country: India
Priority Date: Feb 27, 2002
May 2nd, 2008: Mailed out I-485, I-131, I-765
May 5th, 2008: Applications received by USCIS
May 19th, 2008: Notice of action for all three(app received).
May 22nd, 2008: LUD on 485, 131, 765.
May 23rd, 2008: Received NOA
June 7th, 2008: FP appointment
June 9th, 2008: LUD on 485, 765
July 10th, 2008: LUD on 485
Aug 6th, 2008: AP mailed out (and received in a couple of days)
Aug 14th, 2008: EAD mailed out (and received in a couple of days)

There was an RFE some where along the way that the lawyer took care of but I don't recall the dates. It was for my birth certificate that should have been included in the original application.

Does any one know if an interview is mandatory in our category?
 
I am new to this forum, joined recently. I am an LPR since last 10 years and applied
I-130 for my adult unmarried son in FB2B category in April 2001. This got approved in March 2005. Now I have applied for citizenship and hopefully when I get thru it in time, I guess I have to upgrade my son's petition to FB1 according to what I have read in this forum. My question is : Will I retain the priority date of April 2001 for FB2B in FB1 category as well and hence will be considered current as per the October bulletin which says :15 April 2002 for FB1? If yes, can he straight away file for AOS and EAD also? Please clarify. Currently he is in USA on H1 visa.
 
HI RSKS, yes your son will retain his priority date and he can file for green card (I485) right away along with your naturalization certificate and everything. Congratulations to him. And could you follow us up on the result cuz I'm kind of in the similar situation.
 
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