Lesley1020

The USCIS have just announced the visa categories for October 2005. My attorney just called me and said the legal community is in shock that EB2 and EB3 for all other countries (UK included) have retrogressed by several years. So that's it for me - I believe I am totally screwed. Everyone in the office has been crying with me and they are all saying there must be something we can do, lol.

I have a certified labor certification and can file I-140 just not I-485 because I was in EB3. J1 expires on October 12. I am thinking my only option is to file AOS to student and do that until EB3 becomes current again, which could be god knows when. Further complicated by the fact that we would want to file the I-140 but would have to declare that on the AOS to student and would likely get turned down for immigrant intent.

I just can't believe this has happened, I am just devastated to get to the very end and for this to happen.

I can see just from reading the Murthy forum just how many people this has affected so far - a lot of pretty devastated people around.

Englishmum

I haven't a clue about most of what you have written (too technical for me LOL!) but I'm very sad to hear your news. Is there an appeal process which you could try?

I don't know if you're still dating.....but is marriage a possibility?

CaliforniaBride

Me either but my sympathies are with the OP.

Rete

EB3 is "Third Preference Skilled workers, professional and other workers"

So you are living in the US but with a valid status? And because of the lower quotas you fear you won't be accepted for the EB3.

BTW you cannot AOS to student visa. AOS is adjustment of status. You might mean COS - change of status.

dunroving

I've followed your story over the months and it amazes me that you and others in a similar position show such determination to work through the system.

Compared to you, I have it easy (college prof, H1B visa process is FAIRLY straightforward, plus I have college international office to help with things). I'd have probably given up a long time ago if I were in your situation (as others said, your OP was like a foreign language to me!)

Guess what I am saying is that I hope you work out some way to stay, but if things don't work out you can certainly leave the US with your head high, knowing that you have given it your best shot and shown an admirable level of grit and determination.

Good luck to you!

NC Penguin

Dunroving's situation is rather different to most Brits I've read about on BE who come over for work. He works for an academic institution and such employers are not subject to the annual H1-B cap.




NC Penguin

Lesley1020

Basically, I am on a J1 visa until October 12. For the last year my employer and I have jumped through all the required hoops and got labor certification, which meant I could file for permanent residency, by adjusting status before that expired, we had a 12 day window. However, you need to file under either EB1, EB2, or EB3 category. All were current and available until June 30 this year. The new ones were due to be issued on October 1st, and the USCIS announced today (to the complete shock of every attorney on the planet it would seem) that there are none, so we cannot file for adjustment of status and I have no option other than to go home, or try for another status, which is highly unlikely, my attorney said I will likely be denied a student visa because I clearly had immigrant intent with the pending labor certification etc.

To top it all, because we got labor certification, and I was told that EB3 would be available on Oct 1st, I went ahead and sold my house and all my furniture on the UK. It all went through last Thursday. Wonderful timing.

Lesley1020

LOL.. that raised a smile Strangely enough, about a month ago, I reunited with my ex who I was with when I first came over here. Lots of water under the bridge, and we are going slow and things were going very well, but as I am sure you will no doubt remember, there were lots of issues, but heck you can't choose who you love! But at this point, it's just not an option, even although he and all my friends seem to think it's the ideal solution - I dont want someone to marry me because they feel like there is no other option - I just feel like it would be the kiss of death.

The whole thing is just devastating. My best friend is due to have her little boy who I was to be godmother to, the day I am due to leave, and I just can't comprehend packing everything up and finding a home for my puppy and cat, and gosh, just everything. All we have all done is sit here and cry all night, it just feels like a nightmare, going from being on cloud nine to getting the unachievable labor certification. The whole issue of not being able to get my medication in the UKdidn't even cross my mind until someone else pointed it out to me tonight too.

I just will never understand why they make it so damn hard for people who just want to come here, work and pay taxes and yet give amnesty to people who cross the border and work illegally.

At this point I am sitting here thinking well maybe I will just stay here and live off my house proceeds until they come and get me - if that would even happen. Unrealistic, I know.

Ray

Oh!! God no!! I remember it all so well ...

BritGuyTN

Lesley

I really feel for you as it seems you have had so much crap to put up with.

Unfortuntely the house sale is a nightmare - but I would not wait to be deported as you will have a large ban for if you ever wanted to come back here.

Ask your lawyer if you would fit into any 'hardship' categories on the basis of your medication requirements and unavilability in the UK

My visa journey has been relatively smooth, albeit pricey, but I have not had your kind of stress for over 2 years.

Based on your exeperience I will defintely not now be selling my property in the UK until I get conditions lifted on my green card

Out of interest - and I have to ask - what do you have in the USA that is so much better than in the UK that has made it worth all this cost in terms of stress/effort and lawyers fees?

I'm with Dunroving - I would have given up a long time ago if I was in a similar situation

Lesley1020

A combination of things, I guess. Basically feels like there is nothing left to go back to and all to stay for here. Yes, my mother is there, but we are not close and there is no other family to speak of. House is gone now too. Here, I have a great job, wonderful friends, my boyfriend, my pets, a lifestyle I could only ever have dreamed of before, and of course the medication. I have been in "remission" for a whole year now thanks to that, and it just feels like this is home now. Take last night, when I found out this news, yes, I called my mother to tell her. There was no one else to tell in the UK that would care. Yet here, I had everyone by my side trying to come up with ideas to help me.

Ray

I forecast a marriage....

BritGuyTN

Who are you? Michael Fish?

To be fair I would say getting married is possibly Lesley's only solution right now

becoming a student is perhaps only delaying the inevitable - or could give her the time to find the 'right' partner for marriage

its horrible to talk about marriage in this way, but as they say - needs must...

Ray

Yes!!! And there will be no more hurricanes in Florida this year

snowbunny

WHY have they done this?

Any rationale?