What should i do?

Sep 27, 2007 07:17 AM

by tutugirlBSN

Hello all,
I am a little confused right now. I am currently on OPT and has been petitioned by my employer. My i-140 will be sent in the next few weeks. Also, my mother happens to be a permanent green card holder who is also willing to petition for me.
The issue is my lawyer told me my mother cannot file for me because i am over 18 and it will take over 7 years to get a green card even if she does. He told me that i should just keep waiting till the retrogression ends (which we dont know when). He also said the only other option will be to go back to my country and keep waiting. I am very confused as to what i should do now. I really want my mother to file for me but i dont also want to lose the chance of getting a visa when retrogression ends. I also have to take into consideration that my OPT expires in May 08. Pls i need some advice. Thanks.

*suzanne4* · Sep 28, 2007, 12:17 AM

Re: What should i do?

Your attorney is 100% correct, there is nothing that your mother can do that will speed things up for you, and the wait for a family sponsored petition when you are over the age of 21 is years, closer to ten years for most countries.

My first question to you would be why you did not get in on the open period that USCIS had to accept petitions in July? You are probably looking at a couple of years now before that will open up again.
Remember that training in the US and being under the OPT, no longer gives automatic approval of the green card or even to be able to remain in the US when the OPT is up.

The I-140 is not under the retrogression, but everything past that is.
we are soon hitting the 1 year mark so there are many waiting, as well as the fact that USCIS just accepted more than 300,000 petitions for the I-485 this past July when there were no visas available so this makes things worse for you, not better.

tutugirlBSN · Sep 28, 2007, 08:48 AM

Re: What should i do?

I did not get in on that period because i had just taken my boards and had just found an employer to petition for me. I got myself situated by the end of july and found a lawyer by that time too. I dont know what the next step is. I'm so worried that visas might not open up before my OPT expires in May. I'm just in tears right now. I dont want to go back to my country and get stuck with no way of coming back here. What do i do now?

**Silverdragon102** · Sep 28, 2007, 09:01 AM

Re: What should i do?

Originally Posted by tutugirlBSN

I did not get in on that period because i had just taken my boards and had just found an employer to petition for me. I got myself situated by the end of july and found a lawyer by that time too. I dont know what the next step is. I'm so worried that visas might not open up before my OPT expires in May. I'm just in tears right now. I dont want to go back to my country and get stuck with no way of coming back here. What do i do now?

You may have no choice but to go back to your country but you won't be stuck with no way back just may take a while, the worst thing to do is stay and become out of status which can result in 3-10 year ban. Another option is F1. Who knows what next year will bring but atleast you have time to sort something

*suzanne4* · Sep 28, 2007, 12:25 PM

Re: What should i do?

If you are unable to file the I-485 by the time that your OPT finishes, the only thing that you will have available to you is to continue on with your studies and keep the F-1 in status. You actually are under the F-1 while you are on the OPT, you also have a 60 day grace period from the last day of the OPT to otherwise remain in the US.

That is going to be your only option, and be aware that you will not be able to work again, until you meet the qualifications for the CPT while in your program, and then no more than the 20 hours per week. No full time work while under that program as before.

Nuieve · Sep 28, 2007, 03:16 PM

Re: What should i do?

Originally Posted by tutugirlBSN

I did not get in on that period because i had just taken my boards and had just found an employer to petition for me. I got myself situated by the end of july and found a lawyer by that time too. I dont know what the next step is. I'm so worried that visas might not open up before my OPT expires in May. I'm just in tears right now. I dont want to go back to my country and get stuck with no way of coming back here. What do i do now?

I feel your pain. I too missed the August deadline by just a month... and now am clueless of my future. I would go home, but I already spent sooooo much money on coming and staying here...

**Silverdragon102** · Sep 29, 2007, 01:42 AM

Re: What should i do?

Originally Posted by Nuieve

I feel your pain. I too missed the August deadline by just a month... and now am clueless of my future. I would go home, but I already spent sooooo much money on coming and staying here...

Do not become out of status, if you do you will not be able to change your status. If you have to go home much better going home than facing a 3-10 year ban

Nuieve · Sep 29, 2007, 02:08 AM

Re: What should i do?

Originally Posted by Silverdragon102

Do not become out of status, if you do you will not be able to change your status. If you have to go home much better going home than facing a 3-10 year ban

I'm not out of status, I still have 1 year of studies left and then OPT. So I have some time. What I meant about home was that I could go on a holiday, say, in December, and then visas suddenly become available sometime in January-February, which won't allow me to file for AOS... Highly unlikely, I know, but still...

*suzanne4* · Sep 29, 2007, 11:28 AM

Re: What should i do?

Originally Posted by Nuieve

I'm not out of status, I still have 1 year of studies left and then OPT. So I have some time. What I meant about home was that I could go on a holiday, say, in December, and then visas suddenly become available sometime in January-February, which won't allow me to file for AOS... Highly unlikely, I know, but still...

The chance of visas becoming current in January is highly unlikely, actually impossible. They just accepted 300,000 plus petitions; sure not all will be approved, but there were no visas when those were accepted in the first place. And there are only 140,000 green cards issued per year for the entire world, including those under CP as well as AOS.

Go home and have a great visit with your family.

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What should i do?

What should i do?

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