I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:
1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.
2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?
3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?
4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?
1. Advanced degrees do not help in a family-based green card.
Just wanted to update everyone and say we had our interview this morning, scheduled for 8 AM in Atlanta. We got there at 7.55, checked in at 7.59 and were called at 8.02. Interview was all done in 10 minutes and we were out of the building at 8.15.
This comment for Law Offices of Rajiv Khanna should be written 3 years ago. Sorry for the delay. My case was one of the most complicated and long-shot cases, regarding the fact that I was a diplomat in USA and my wife, as a diplomat Spouse (A-1 dependant) found a unique opportunity to work as a Senior Developer in a big company. After company's decision to sponsor my wife for GC, we didn't want to go with company law department, but instead decided to apply to Mr. Khanna and his staff to lead and guide us through the process. The reason for our choice was positive recommendations and all those admires happened to be true that my wife was able to get her GC in 6 months. Because of my diplomatic position, we were advised to hold my case and activate it when I was back home. We left US in 2008, activated my file by 2009, and as of 2011 my wife, our 3 y/o son and myself turned back to USA as permanent residents, thanks to Mr. Khanna and his proffessional staff which followed every detail and filing efforts precisely. We will definitely ask their assistance for our naturalization process.