Legal Question in Immigration Law in New York

what other option to get legalize without leaving US

Am a parent of a U.S born child and she is 3yrs old. Myself,my spouse & 2 other children both non citizen has physically been in the US at least 5yrs. now. B4 my B1 visa get expired, i filed on May 12, 2003 for change of status as non immigrant worker(I129) and after looking on the USCIS website it is still pending/transferred to ADMIN Appeal Office as of 08/12/2006. Am afraid to speak or follow up if that will cause denial of said application and lead us for removal. since the petitioner is also silent on the said matter. can i , the beneficiary may be able to change apply again or substitute new employer who is willing to sponsor me with the same type of business?what is the best option to get legalize while the case is taking to long to get response from USCIS . or is it good just to wait the result until the USCIS will adjucate the application?need advice b4 getting another immigration attorney. is it also good to apply for labor cert. or permanent visa through employment while the other type of application as non immigrant is still pending and taking to long to get the result from USCIS?


Asked on 4/06/07, 7:39 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: what other option to get legalize without leaving US

If your current employer's I-129 has been denied (and transferred to AAO) and you are now out of status, I don't believe USCIS will allow you to change status based on a different employer's petition. In any event, all H-1b visas have been exhausted this year. You cannot petition or substitute another employer yourself -- H-1b filings are made and controlled by employers. My understanding is that AAO presently takes about a year to process appeals so if your employer's has been pending since 2003 something is definitely wrong. Note that you may have become subject to a 10-year bar on admission to the U.S. if you depart from the country, though more facts are needed to determine this.

By all means, contact an immigration attorney with experience in H-1b visas as you are unlikely to get any help from your employer.

This reply is in the nature of general information, is not legal advice and should not be relied on as such.

Read more
Answered on 4/06/07, 10:10 am


Related Questions & Answers

More Immigration Law questions and answers in New York