Legal Question in Immigration Law in Florida

I entered the USA in 1999. I came under a F1 visa. When I graduated I requested an OPT, That was approved, while working with the OPT my wife had a child. Before that expired I solicited an H1B visa. I am still under H1B status. I have a i129 approved (maybe i 120) my priority date is December 2007. I could not submit the i 485 at that time. I am still waiting for the priority date to advance from 2003 to 2007 as you know the dates go back and forth. My wife and son both aliens have also been in status just like me all the time. Do we qualify for the 10 year law?


Asked on 5/10/10, 3:22 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

No, you don't qualify. At the first place, there is no "10 year law". Secondly, this is another legal process which is not applicable to your situation. You need to wait until your priority date is current in your EB category. Follow the monthly Visa Bulletin.

I offer confidential telephone or email legal consultations and assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

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Answered on 5/15/10, 10:07 pm


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