Legal Question in Immigration Law in California

The current visa backlog depends on the country you are from. Assuming you're not from Mexico, The Philippines, India or China, then if your mother filed for you are and remain single throughout the process and she filed before 2/1/02, then you'd be current to adjust status now. If your sister filed for you before 1/15/00, you could file now, or if your employer filed your labor certification before 12/15/02, you could file now, so based on what the current backlogs are, it's faster through your employer at the moment. But, that doesn't mean things will remain this way and with the backlogs all so long, it would really be best for you to have both your mother and sister also file. This way you increase your chances that at least one of these would work out and you could adjust based on the option that comes up fastest. A lot can change in nine or ten years. Processing times could get faster, slower for all three, one or two; they could jump ahead in time in great leaps, or go backwards; your employer could go out of business or one of your relatives may die. But the likelihood of all three not working is much less than just your employer's case. Hedge your bets this way. If you are from The Philippines, India, China or Mexico, current priority dates are different.

The good news is that you are employment authorized with your H-1 and you can get another H-1 if you add a second employer or change employers. (If you add a second one, it has to make sense you'd work that many hours, which can be part-time for one or both employers; if you alter hours on the first case, you'd need to maybe file an amended H petition for the first employer).

The above is general information, is not intended as legal advice and does not form an attorney client relationship. For further inforration, call me at 818 609 1953 or write me at [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist

Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

Briefly, it's either an employment-based petition (even EB-3) or petition filed by the mother (provided that you are single and will remain single throughout the process). If married, then an employer.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.