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Filed: Timeline
Posted

My father is going to become a US citizen next year. I am 25 years old, hold a Bachelors degree in IT with a focus on programming and a decent experience (a qualifying occupation for the diversity visa program). What would your suggestions be to come and work in the US with a further chance of legalisation? Is there a way to come and work while holding a work visa that can later (when my father becomes a US citizen) have its status changed to a permanent resident?
Thank you.

Filed: Country: Vietnam (no flag)
Timeline
Posted

My father is going to become a US citizen next year. I am 25 years old, hold a Bachelors degree in IT with a focus on programming and a decent experience (a qualifying occupation for the diversity visa program). What would your suggestions be to come and work in the US with a further chance of legalisation? Same as anyone without a USC father. Find a US employer willing to pay and apply for a work visa on your behalf. Is there a way to come and work while holding a work visa that can later (when my father becomes a US citizen) have its status changed to a permanent resident? Sure, as long as you can find a US employer. Your father has nothing to do with that. As long as you are in legal status, you can adjust.

Thank you.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

When your father becomes a citizen and petitions for your green card, even if you are in the US in some nonimmigrant visas, your status doesn't simply change to a Green Card. It takes around 7 years to get the GC if you remain unmarried throughout all those years and around 12 years if you get married.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Timeline
Posted

Thank you aaron for your answer. Do all employers only sponsor the H1B and if they do (a subjective answer from you is sufficient) is it relatively hard to find an employer that could petition for my employment? I have found a list of employers based on statistics who employ the most workers from abroad, are they a good starting point to apply for?

The following steps for my immigration would then be:
1. File PERM Labor Certification.
2. File I-140 Immigration Application.
3. File I-485 Adjustment of Status.

right?

When your father becomes a citizen and petitions for your green card, even if you are in the US in some nonimmigrant visas, your status doesn't simply change to a Green Card. It takes around 7 years to get the GC if you remain unmarried throughout all those years and around 12 years if you get married.

Thank you arken for answering. Is this the only path available? Considering the H1B has 6 years of 3 years increment period available? That does mean I can only stay in the US for 6 years on a work based relations, right?

Filed: Country: Vietnam (no flag)
Timeline
Posted

Thank you aaron for your answer. Do all employers only sponsor the H1B and if they do (a subjective answer from you is sufficient) is it relatively hard to find an employer that could petition for my employment? I have found a list of employers based on statistics who employ the most workers from abroad, are they a good starting point to apply for?

The following steps for my immigration would then be:

1. File PERM Labor Certification.

2. File I-140 Immigration Application.

3. File I-485 Adjustment of Status.

right?

Thank you arken for answering. Is this the only path available? Considering the H1B has 6 years of 3 years increment period available? That does mean I can only stay in the US for 6 years on a work based relations, right?

Yes, it's hard to find a US employer willing to sponsor a visa for a foreign worker.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Lets consider I have found one. In those 6 years I do the following steps mentioned above?

.

No. You would not qualify to file an I-140 and I-485 based on your father's filing.

If what you wanted was easy, then my nephew would not have had to wait 7 years in VN for his father to petition for him.

You want to skip the part about finding a US employer and get to the part where you can come here and avoid the wait. That's not how things work.

Let's consider getting a US employer before you plan out how you can avoid waiting in your home country.

Filed: Timeline
Posted

Sorry for typo, aaron. I am willing to find an employer and am in a process of doing so. It's just that the following steps to take that got my attention. I would like to avoid coming to the US via H1B and leaving after 3-6 years.

Filed: Country: Vietnam (no flag)
Timeline
Posted

What you want is not possible for most people.

Do you think I wanted to leave my nephew in VN?

Wouldn't we all want that easiest way possible without waiting?

Even with a US employer who can get you a work visa, there is little you can do to plan to stay here until your PD is current.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

If you did find an employer who is willing to petition for your GC, and if you are not form India and China, you could get your GC in as early as under 2 years to as late as 5-6 years depending on your petition category and how visa bulletin proceeds at that time. If you are from India/China, add lots of additional years of wait time.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted (edited)

SO you have talked 3 paths to a green card. One is DV lottery, you can enter the drawing in the fall if you are in a qualifying country and hope that you win. This is a very unlikely path. Millions will enter , 50000 will get a chance some will not get a visa.

Employer based green card. You can look for an amployer that can help you on that path. Either try to get a job with a US company that could transfer after a period of time or find a company that will sponsor you directly,

The last path is being petitioned by your father. That path will take years at best. He will petition you, the petition will get approved and you will wait until a visa number is available. You have to look at the visa bulletin for an idea of how long that will take. IF you are single your father could start the petition now, as long as you still single until after your father has his oath of citizenship.

Edited by NigeriaorBust

This will not be over quickly. You will not enjoy this.

Filed: Timeline
Posted

What you want is not possible for most people.

Do you think I wanted to leave my nephew in VN?

Wouldn't we all want that easiest way possible without waiting?

Even with a US employer who can get you a work visa, there is little you can do to plan to stay here until your PD is current.

But aaron, that was the easiest way possible for you to wait those 7 years for your nephew, that was the easiest way possible for you. That could also be the easiest way for me too.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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