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 1/30/10, 11:15 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

No, you cannot. Approved I-130 petition is only the first step in a long wait for a visa number.

As you see the priority date in your visa category is backlogged by many years. After your curent H-1B status expires, if you choose not to renew H-1B or change to another non-immigrant visa/status, you will be required to leave the USA, and wait for the priority date on your father's petition abroad (which can take many years).

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. We speak English and Russian. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 2/05/10, 8:17 am


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