Legal Question in Immigration Law in Texas

I have a valid working visa until june 2010, I don't want to apply for an H1b extension with my employer. In august 2009 the relative petition filed by my father who happens to be a US legal resident was approved (NOA was given to us). The visa bulletin indicates that the priority date being processed at this time is september 1998. My question is, is there a way i can use the approved petiton of father in order not to file for an h1b extension before june 2010?


Asked on 2/05/10, 7:49 am

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

No, you can't. You need to maintain lawful non-immigrant status in USA if you intened to remain in USA.

This approved I-130 doesn't give you right to stay in USA and wait for your priority date to become current (for many long years).

If you lose status or overstay, in the future when a priority date become current, you will not be able to adjust status based on the father's petition (provided that you are over 21, and your father is a permanent resident or even a US citizen).

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.

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Answered on 2/10/10, 7:54 am


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