zk

Hi,

I am first time here in this newsgroup, so please forgive me if it is already in FAQ.

When I was a student on F1, my parents (foster) had applied I130 for
me. They had green card at that time. My receipt date on the Notice Of Action said March
10, 98. I think 203(a)(2)(B) is what it was filed under. Now, I'm on my first year of
H1. I would REALLY APPRECIATE if someone can help me with my confusions.

1. Since my parents will be applying for naturalization next month (3 months before 5
years of residency), do I need to apply I130 again? Or will my old application 2B
bumped up priority automatically?

2. I checked the processing time just now (TXC) and it said that they are processing cases
for Jan, 98. So even my old I130 should be close. But only two years ago when I tried
to file I485, the officer said mine is FAR from current as they are still processing
1992 receipt date. I am not from any country with long immigration queue (like China,
Inida etc..) if it matters. Did INS speed up that much these two years or am I not
understanding correctly?

3. Since, my I130 was filed before April of this year, do I qualify for 245(i)
automatically? But since I'm on H1, actually I don't need this really, is it correct?
This would only apply to me, if I get fired like tomorrow and stay illegally till my
citizen parents apply for me again?

4. My current company is very nice company (a former client of mine), and already offered
me a couple of times if I would like my green card through them. Should I also ask the
company to go ahead and process the labor certs and such as well? IMO, I thought
applying through two venues might not be good in the eyes of INS. Say, if I could,
which would be faster? Family based or Employment based at this point?

5. Another thing is my parents live in one state (FL) and I live in (OK) where
should I file? I would think since they are filing on my behalf, I think they
should file from FL?

6. Another problem is the two years of staying together with parents thing. I have lived
with them for about 4 or 5 years back home when I was about 12-16. Then they came here
and I lived with my other relatives back home. Then I decided I like to have a degree
from US and came here on F1. But still at that time I don't have any intention of
staying permanently in US. I thought I would just go back and help my uncle. Then,
finally year of college, they decided since I like it here, they would apply residency
for me. I will also be able to support them (emotional and financial as they are both
about 75 now). The only thing is I haven't even seen them since I got here (1994). But
we talk weekly on the phone. While in college it was (budget, can't afford the ticket).
Now working and I can't have a nice vacation time. So, given this situation could there
be any problem at all? INS might say the relationship was astranged. But we are very
close, of course. I was afraid questions like "how come you don't go and see them if
you're close or stuff like that." I've tons of evidence, mostly photos that were taken
when I was a toddler. Right now with the vacation I have, I won't be able to visit them
until either I'm in between jobs or I got my green card. Sometime I thought, the heck
with it, quit the job, then with 245(i) benefits, I still probably would be ok for a
few months. I will just go and see my parents. Probably won't happen yet. But close.

7. I've been arrested once for driving with suspended license last year. The suspension
turns out to be a mistake on my part. (Initial ticket was driving w/o insurance, which
I pleaded guilty in court. Then turns out I was covered. But since I move to another
state, I didn't get the notice about supsension and thus didn't even know about
mf. Finally it was corrected) (sigh..long story). But it was reduced (the lawyer did it)
to driving with invalid driver license (license from another state after living in the
state for more than a month). Could this affect my chance at all? Other than that I
have had no criminal record at all in my life. Some told me that other than serious
driving problems (DUI, drug trafficing etc..), this would be minor, as long as I told
the INS officer.

8. Can you form a dot com company if you're on H1? or F1? I was just thinking (well a
little bit late since most dot com become dot gone
.

9. How long do I have (to leave the country) if I got laid off (fired, same thing) on H1,
say the company report it to INS on the same day, and assuming I can't find another
company. Some say 10 days, some say 60 days. Anybody know for sure?

Well, I sure would definitely appreciate your advice, as this group contains so many nice
and helpful people.

Thank you.

Sylvia Ottemoeller

zk wrote:

> I am first time here in this newsgroup, so please forgive me if it is already in FAQ.
>
> When I was a student on F1, my parents (foster)

I certainly hope you mean adoptive parents. Foster and adoptive are entirely different in
the eyes of the law. For you to be eligible for immigration benefits as a "child", there
must have been a formal adoption which occurred before your sixteenth birthday. See
http://www.fwcc.org/m249sec6.htm.

had applied I130 for
> me. They had green card at that time. My receipt date on the Notice Of Action said March
> 10, 98. I think 203(a)(2)(B) is what it was filed under. Now, I'm on my first year
> of H1. I would REALLY APPRECIATE if someone can help me with my confusions.
>
> 1. Since my parents will be applying for naturalization next month (3 months before 5
> years of residency), do I need to apply I130 again?

Probably not.

Or
> will my old application 2B bumped up priority automatically?

Yes, on the day the parent naturalizes who signed the I-130 on your behalf.

> 2. I checked the processing time just now (TXC) and it said that they are processing
> cases for Jan, 98. So even my old I130 should be close. But only two years ago when I
> tried to file I485, the officer said mine is FAR from current as they are still
> processing 1992 receipt date. I am not from any country with long immigration queue
> (like China, Inida etc..) if it matters. Did INS speed up that much these two years
> or am I not understanding correctly?

You are talking about apples and oranges. The processing time is the amount of time that
the INS Service Center takes from filing to approval of a petition. See
http://www.shusterman.com/tsc.html. INS does take longer when the priority date of the
petition is not current. However, just because the INS approves something does not mean
that it will be current when approved.

The time a petition takes to become current in a category is measured from the priority
date (date INS receives the petition). The time is determined by how many others filed
petitions and showed themselves to be eligible in the category, compared to the yearly
quota for the category.

See http://travel.state.gov/visa_bulletin.html for cutoff dates for the various
categories. Your petition is in the category Family 2B. Its cutoff date is June 2, 1993.

When your parent becomes a citizen, your petition will be converted automatically to
Family 1 (assuming it is approved), which now has a cutoff date of March 1, 1999. This
means that your priority date will be current when your parent becomes a citizen.

> 3. Since, my I130 was filed before April of this year, do I qualify for 245(i)
> automatically?

Yes. Actually, there could be a problem if the I-130 is denied, for example, because you
were not formally adopted.

But since I'm on H1, actually I don't need
> this really, is it correct?

Yes.

This would only apply to me, if I get
> fired like tomorrow and stay illegally till my citizen parents apply for me again?

It would apply to you if you were to violate status, and then file Form I-485 based on an
approved immigrant petition (of any kind) when it has a current priority date. Form I-485
is the application for adjustment to permanent resident status, and you are the applicant
for that application.

> 4. My current company is very nice company (a former client of mine), and already
> offered me a couple of times if I would like my green card through them. Should I
> also ask the company to go ahead and process the labor certs and such as well?

Maybe.

IMO, I thought applying through two
> venues might not be good in the eyes of INS.

INS does not care at all. The only thing is that you can file only one I-485 at a time,
family-based or employment-based. You can have labor certification pending, I-130 pending
and I-140 pending all at one time, and INS does not care.

Say, if I could, which
> would be faster? Family based or Employment based at this point?

It depends on several factors, like how long the processing times are in your geographic
area for labor certification, and I-140s, and how long processing times are for
citizenship in your parents' INS district. To get a better idea, you need to sit down with
a good immigration attorney familiar with your area.

> 5. Another thing is my parents live in one state (FL) and I live in (OK) where should I
> file?

You will file your I-485 at the INS district office for your residence.

I would think since they are filing on my
> behalf, I think they should file from FL?

They will not be filing any petitions any more. They're done.

> 6. Another problem is the two years of staying together with parents thing. I have lived
> with them for about 4 or 5 years back home when I was about 12-16.

If you resided with them, in their custody and control, that generally counts toward the
two-year co-residence requirement.

Then they came here and I lived with my other
> relatives back home. Then I decided I like to have a degree from US and came here on F1.
> But still at that time I don't have any intention of staying permanently in US. I
> thought I would just go back and help my uncle. Then, finally year of college, they
> decided since I like it here, they would apply residency for me. I will also be able to
> support them (emotional and financial as they are both about 75 now). The only thing is
> I haven't even seen them since I got here (1994). But we talk weekly on the phone. While
> in college it was (budget, can't afford the ticket). Now working and I can't have a nice
> vacation time. So, given this situation could there be any problem at all? INS might say
> the relationship was astranged. But we are very close, of course. I was afraid questions
> like "how come you don't go and see them if you're close or stuff like that." I've tons
> of evidence, mostly photos that were taken when I was a toddler. Right now with the
> vacation I have, I won't be able to visit them until either I'm in between jobs or I got
> my green card. Sometime I thought, the heck with it, quit the job, then with 245(i)
> benefits, I still probably would be ok for a few months. I will just go and see my
> parents. Probably won't happen yet. But close.

During the next year or so while your parent's naturalization application is pending, you
should probably do some visitng and act sort of like a normal son or daughter. You can get
cheap tickets and go for long weekends.

> 7. I've been arrested once for driving with suspended license last year. The suspension
> turns out to be a mistake on my part. (Initial ticket was driving w/o insurance,
> which I pleaded guilty in court. Then turns out I was covered. But since I move to
> another state, I didn't get the notice about supsension and thus didn't even know
> about
> it. Finally it was corrected) (sigh..long story). But it was reduced (the lawyer did it)
> to driving with invalid driver license (license from another state after living in
> the state for more than a month). Could this affect my chance at all? Other than
> that I have had no criminal record at all in my life. Some told me that other than
> serious driving problems (DUI, drug trafficing etc..), this would be minor, as long
> as I told the INS officer.

Yes, this is minor and probably won't be a ground of inadmissibility. See
http://www.americanlaw.com/basic/exclude3.html. However, the whole story must be told to
INS through documents filed with the I-485, in a way that INS understands perfectly what
went on. I suggest you get a good lawyer to help you with the I-485.

> 8. Can you form a dot com company if you're on H1? or F1? I was just thinking (well a
> little bit late since most dot com become dot gone
> .

You could form one but not work for it, basically. You might be able to get a concurrent
H-1B petition approved which will allow you to work in a company which you own. This takes
a smart, experienced lawyer.

> 9. How long do I have (to leave the country) if I got laid off (fired, same thing) on
> H1, say the company report it to INS on the same day, and assuming I can't find
> another company. Some say 10 days, some say 60 days. Anybody know for sure?

10 days technically, but maybe you can get away with more.