madiyaan

Hello,

I am currently working for a company on my OPT which started January 2009 and will be ending January 2010. My employer filed for a I-129 petition for a H1B visa for me but did not opt for premium processing. Some of my other co-workers whose I-129 also got filed along with mine have got their petition approved already (some as early as May 2009). My petition was filed on April 2009 and according to the USCIS website, it was received on April 15th, 2009. The processing time for California Service Center is 2 months and it has been more than 2.5 months now. Everyone I know has got an approval notification by now.

My company's lawyer says that I can only wait for a decision and there is nothing to speed it up. Is it possible for me to somehow expedite this decision? Should I file for an EAD extension for next year (my current employer is with the everify program).

Hello:

My father's brother filed for an immigration for my family more than 10 years ago. I was under the age of 21 when the petition became current. We submitted all the necessary forms and waited for administrative processing at a local embassy in my home country. At this time I was studying in the US as an F-1 student. After a few years, I am now 24 and my parents have got their visa. However, my case is still pending admin processing & security check. My current status in the US is such that I am on OPT after graduation. My employer has filed for an H1 visa so hopefully by October I will be eligible to get H1 visa stamped by an embassy outside the US.

The US embassy in my home country acknowledges that I come under Child Status Protection Act and that I can change my status while staying in the US. When my father asked sent an email to the immigration visa query email address asking if I can change my status while staying in the US, this is the response that he got:

"Please note that your son’s filing for a change of status is thorougly within the legal frame work. Please go ahead and do so and note that you do not need permission form our office. The USCIS office that you file the change of status request with, would contact our office for the confirmation and the file if they need it. That is the time when our office will have its inputs provided. However, as you the principal applicant will already be in the US, the USCIS office will not have to request for a file from our office. We wish you luck with this."

My parents are currently in my home country and have their F4 visa stamped on their passports.

Can someone more knowledgeable tell me which forms I have to submit for change of status, and whether I can do it before my father (principal beneficiary) comes to the US.

Summary:

10+ years ago:

Relative filed for H4 for my parents and I

2004:

I was 20 and petition became current.

2009:

I am 24.5 and on OPT working in the US. Parents have got H4 visa stamped and are still in my home country. I would like to get H4 visa as well and get my status changed while staying in the US. How can I accomplish that?

Regards,

I am currently an F-1 student who is working on OPT (I do have an EAD card, valid till next year) in the United States. One of my family members who is a US citizen sponsored my immigration visa a while back and now that application has been approved. I got to know that because a letter arrived at my house in my home country. I am unmarried and don't have a spouse.

What I want to know is how to get my status changed from F-1 to Immigration Visa. Can I do this while being in the US? Or do I have to go to my home country? Can this be done at a consulate in a 3rd country?

Regards,