Delta5

I'm sorry but I have never heard of a provision that somebody on a student visa can indefinitely overstay w/o jeopardizing his legal presence, especially for more than a year or two, unless they do an AOS (example marriage to a USC)) or adjusting to other permissible visa, of which on the OP's own statement and I quote "was out of status for most of that" unquote, from 2007 til 2011 time frame .... assuming he is on a student visa of which the OP is the only one who can verify his real status. I could be wrong, but I doubt he was on a student visa based on his posted statement. OP has clearly ADMITTED that he was already out of status and violated for several years his legal presence. So knowing his non immigrant status is really not important (although knowing it will be nice). Furthermore .... the 3/10 inadmissibility bar are applied equally (Yes, including those who violated the overstay policy under the student visa) ONCE the overstay visa holder LEFT the country. Again, a consular officer will not allow him to get back until his ban is served. He already admitted he overstayed his presence for 2 to 3 more years. No rule on the so called student visa exception can justify that at the consular office.

The 3/10 years inadmissibility bar does not make any exception to a student visa according to the INA Section 212(A)9)(B) once you violated the said rule. Here is a short and easy version of said INA rule from the Link ..... www.interconlaw.com/bar.htm .... unless you prefer reading from the very long version on the INA section 212.

Yes, a K-1 petitioner can file the 601 waiver with special instruction. Its not exclusively only for USC spouse. Again, it is very difficult to get approved on the said waiver but not totally impossible. Here's some websites for more info... www.uscis.gov/files/forum/I-601instr.pdf and another short version from the family base immigration .com ... just for some added information.

I am sorry to say that it does not matter if the OP was on a B1/B2, F1, J1 or other non immigrant visa. An immigration judge is also no longer relevant in this matter. The OP is already back in his/her home country. The overstay has already automatically been triggered. He/she has to do a consular processing at the home country. OP has to deal with consular officer not an immigration judge on this case. Consular processing is vastly different from AOS inside the US, especially when someone overstayed for more than a year. The petitioner of the K1 and not the K1 beneficiary has to file for the waiver and the petition has to be denied first before the waiver can be file. Again, as was already pointed out it is also very difficult (not impossible) to overcome such waiver.

Hi everyone!

I have a question that I need some expert advice.I understand that someone having an approved I-140 petition (EB-3 visa) can bring their spouse (E34) to the U.S.

But how does the dependent spouse get this visa? Is it at the beneficiary's interview (EB-3)? Does the dependent spouse (E34) need to apply? And if so, how?

I browsed USCIS site, but was only able to find this:

Any help regarding this would greatly be appreciated. Thanks so much!

An approved Eb3 applicant with a current PD for processing can have an interview with his/her spouse together at the consular office. Like you, she must also fill out required application forms, obtain required civil documents, pay required fees and undergo medical examinations. The spouse and children (under 21 years of age) are derivatives of the Eb3 applicant .... thus receive the same visa under this category, since its an automatic LPR status upon entering the US.

Hey everyone,

Some insight would be greatly appreciated!

I am currently 25 years old and in the USA on a TN Visa for an RN position. My father is a legal permanent resident, and is married to my step mother who is a US citizen. They got married when I was 15. I am wondering what my options were for having my family sponsor me for permanent residency status, and if it is possible to do while I am in the USA? My TN's expire in early 2014 - and I plan to renew, but I am not familiar with the wait times or anything on processing. I have done a lot of research online with regards to filing the I-130 and I-485 - but still grossly confused.

I am also a Canadian citizen if that makes a difference.

Like I said, any insight would be greatly appreciated! Thanks!

Yes, your father can sponsor you on an I-130 petition under the F2b category or wait until he becomes a USC .... and yes, even while you are here working under the TN status. However, you will not be able to AOS into LPR status immediately due to the fact that in order to AOS to a LPR your PD must be current (an immediate visa is available). All family based preference category petition has a waiting time. For F2b its an 8 years waiting time. Visa processing on this is Feb. 22, 2004 at the moment. For F1 family base category (unmarried sons and daughter of a USC ) its a 7 years waiting time at the moment. Processing on this category on the VB is May 01, 2005.

Now, there's another shorter way (at least a year shorter wait than the family based category) of getting a green card in your case as a professional nurse ..... and that's will be to have an employer/sponsor to petition you on an Eb3 visa preference, which is an employment based immigrant category of which entitle you to a green card once visa is issued. The wait time or processing time for this right now is 6 years w/ a VB of May 01, 2006. However, I have to warn you that under your present TN status it might be very tricky and complicated. I usually do not recommend using a lawyer but if you will try this route, then you will need one (a good, very competent w/ probably a good knowledge of the TN status) on this process .... if you ever decide to take this path. Eb3 for RN is fairly normal process but in your case on a TN status makes it a complex one, since a TN is not a dual intent status.

Lol that means 30 years of waiting in total?

Actually, 3 years ago (2009) they were about to start processing our papers. However, due to some complains from applicants during 80s, they hold the processing and give way to these applicants.

Well, sorry to say, its more or less like 35 years total at the moment. This will depend on the normal monthly sequence of the VB. You also have to take into consideration the exact day/month of your parent's PD and the processing itself once visa is available. Your parents petition under the F4 family preference category following the normal monthly sequence of the VB will be around 3 years more depending on the exact date of their priority date, plus the processing once their PD is current (visa is available) .... so its probably close to 4 more years until visa are in their hands. Again, provided there is no huge monthly up swing or down swing on the VB.

Once your parents receive their LPR status and petition you of which will fall under the F2b family preference category, the wait is around 11 or more years (provided you are still single) plus the processing time once your PD is current.

As others have pointed out the reason is really the usual retrogression. Actually, during the months of October till November of 2010 the VB moved up really fast and got only months away (depending on your exact parents day/months PD) from being current to their PD but unfortunately, it moved back again on December that year until the present time on its regular monthly sequence.

No bother, my pleasure. First, we exactly don't know what proof the embassy wants you to submit in order to satisfy the issuance of your visa. Again, it will depends of what they found out upon reviewing your case. It could be a simple document request up to several more additional important documents or a more intensive investigation of your family backgrounds with regards to your mother or your personal background from your birth, age, school, social standing etc.. These are really all speculations until you fully receive that notice from the embassy. But to answer your questions:

1. Again, it depends how simple or complex the requested proof or information the embassy wants you to provide. It could go from two to six months ... sometimes even longer. It could also even be just days from now.

2. It usually take 24 to 48 hours upon receiving your DNA before the embassy prepare and sends it for testing and probably around two weeks to a month before they receive the results. As long as there is no delays in the process or shipment.

Well, its the reverse for intending immigrant ..... Actually, because of the expense, complexity and logistical delays inherent in the process genetic testing is used only if no other proof (documentation, photos, etc..) of the relationship exist. Now, in case of a USC w/ a non-citizen wife or even a fiance filing for a CRBA (Consular Report of Birth Abroad) in behalf of their child, then its an immediate request of genetic testing.

Hello.

My dad, me and my younger sister were the applicants (We have been on a petition). We had our interview last March 27. They got our passports but did not issue our visa yet since they require additional documents. We submitted the needed documents the next day and the embassy received it on March 20.

My father who is the principal applicant and my younger sister (4 y/o) has already received their visa last April 20. Mine has not yet arrived. We called the embassy a week later to make a follow up about my visa since we find it strange why mine has not yet arrived. But to our dismay, they said that there are still required documents that should be passed before they issue my visa. A letter from the embassy will arrive informing us of the needed documents.

I was frustrated about this you see. If they need more additional documents, AGAIN, why didn't they just asked for it during the interview? Why wait for another month to ask more and why do we need to wait for a letter? Why can't they just call us and inform us about the additional documents they're going to need before they issue my visa? I'm sorry about this rant. Haha. But I hope someone here would shed light on this one.

I understand your frustration but you also have to understand that there might have been several factors that the CO saw and heard that might be questionable in your case that cannot be resolve right then at the moment of your interview last March, until it is properly examined some more at a proper date. Let me try if I can answer some of your questions and concerns:

* Why didn't they ask for it during the interview? ..... Because probably it need a more proper time of review on your specific case and must determine out how many more specific documents you needed for submission in order to find out if you are really eligible or not for a visa issuance.

* Why wait for another month to ask for more and why do you need a letter? ...... You have to understand that your situation is not the only case at the embassy that's on hold for a visa issuance. There are probably many cases everyday alone that have to be resolve and was put on hold. A letter .... because its always the formal way of letting an applicant know their consular processing and status at the moment. Every stages of an immigrant processing is always done this way .... some are now a combinations of email and letter.

* Why not just call you for the needed documents? ...... Again, you are not the only case that has to be resolve. There are probably thousand upon thousand of cases on different visas at the embassy which needed a resolution. I don't think they have the man power to call every cases. They will be overwhelmed with so many cases if they call every one. The embassy has a limited staff, thus the waiting time.

You just have to wait and find out what specific things that are needed for you to submit in order to resolve your visa problem. It could be a DNA test .... it depends if they will question your blood relation with your father. Correct me if I am wrong but I am assuming that your father is not legally married to your mother since he's on an F-2b preference category. It might also be because of the large age gap difference between you and your little sister ...... its only a speculation but you will find out soon enough once the letter arrive from the embassy.

Again, I understand your frustration but you also have to understand that you are an intending immigrant requesting a visa and a derivative of your father at that ...... the US embassy do not have any obligation to give you a visa and does not necessarily have to justify themselves to anybody who are requesting an immigrant status. Its a privilege getting a visa and not a right. The embassy is actually giving your case a second look ... they could have easily deny your application. I'm sorry that you haven't seen your grandparents in a long time but, as far as the embassy is concern it does not really have any bearing in your case. Surely, if you have patiently waited 12 years for a visa a few more months will not be such a long wait and a burden. Patience is a virtue.

I wasn't saying you will be asked for a DNA test. I was saying that since your lil sis wasn't asked for one, I don't think you will be asked for one. I think they are just stalling in giving you your visa. Just because that is how they are.

I respectfully disagree. A consular officer at the embassy does not just hold the issuance of a visa of an applicant for no reason. I'm not sure what " that's how they are " meant but, there is always a valid reason why a CO is holding an OP's visa issuance for review. These are professional foreign service officers and know what they are doing. Letting somebody immigrate to the US is a serious undertaking, especially after 911. Its surely not because some consular officer just felt like doing it for no reason, fun or even maybe just to get the applicant sweat it out for a few more weeks or months with some sort of a power trip.

You must have a continuous one year work prior to to an L1b submission by your company. They would not be able to fill up the application form if you have not yet been working for a whole year w/ the company. They will be violating the said rule of the L visa. Processing is normally around 2 to 4 months .... but it depend on each cases. The premium processing is around 15 days. However, there are no guarantee that you will receive a visa even with the said premium processing. Your application will still depend on your qualifications and interview w/ the CO at the Consular office. Note, the premium processing is $1,000 in addition to all the fees that are required.

Your route for an employment visa whether an L1b or an H1b is first up to your company and not to you, unless they ask you to decide which one you would like to do (I doubt it though that they will let it up to you to decide). Remember, you work for them .... they don't work for you. Note, the H1b visa has a lengthy process than an L1b plus the H1b has a cap limit each year that usually get filled quickly each year, unless your company or you are exempt from the said limitation cap. The H1b visa are processing the FY 2013 for this year, although it could ..... an H1b holder can start working late this year once approved at the consular office.

Again, trying to fast tract your process does not guaranty you will receive a visa. In opposite result, it also might fast tract a notice to deny if your application is unsatisfactory in their assessment. Sometimes trying to shorten the process create more delays. Be patient .... your case is short compare to other VJ members. You will see your special someone and move here in the US soon enough.

It is usually frown upon by the USCIS an applicant of a non immigrant visa like a B1/B2 doing an AOS (good chance of denial) to another non immigrant status, especially a work employment one. However, it is allowed to AOS from a B1/B2 to a H1b, especially if the applicants credentials and experiences on its specialize field of work are ample and are much in demand at the present time.

There's a very good chance that you will be ask to leave the country immediately, since you have violated your B1/B2 visa due to your intent of immigration by your action of trying to adjust status to a work employment which result in a denial. I would leave as soon as possible if you are denied of your AOS, because it might also impact your future application on another non immigrant application in the future, beside violating the visitor visa rule.

Its probably less hassle and a more proper way if you find an employer/sponsor to do a consular processing. Your chances of getting an H1b is much greater and will have a visa stamping on your passport of which you will not have if you will do the AOS process.

Hey there everyone,

I am a horse trainer and coach, and am hoping to enter the U.S. as a Temporary Farm Worker and aim for the 3 years, but I'm not exactly sure how it works. Anyone able to explain it better for me?

And is there any way I can extend my stay for the 6 months and work?

Thanks

If you want to work as a farm worker, it will fall under the agricultural H-2A visa. However, as soon as you find a sponsor/employer who's willing to employ you and process your immigration work employment and its on your field of specialized work as a horse trainer and coach, it will not be under the H-2A visa, but probably fall under the non agricultural H-2b visa. It does offer a total of 3 years stay, but you have to re-apply every year because of its rule on an increment of 1 year at a time. The re-application can be done inside the US with out you going back to Canada. You have to do a consular processing though first in Canada in order to avail the H-2b visa. There are more important info on the H-2b ..... just gave you a very brief summary of it..

You cannot stay pass six months, let alone work w/o the legal process of immigration, simply put can't work without a legal work authorization.

Sorry, my mistake ..... I'm not sure why I was thinking your from the Philippines for some reason, LOL. Hence, my mistake of looking at the same VB for 2012 but the wrong country. You are probably right that by July or maybe by early August your AOS case will be complete ..... as soon as your PD got current and will just be waiting for your green card. Yes, just a little heads up on the validity of your biometrics, but my guess is you probably wont have to do another one.

HEY GUYS, THIS IS MY FIRST POST. Anyways, my father received his petition back in 2010. My aunt petitioned him in 1990 when he was still single. So when his petitioned arrived, we contacted NVC for my fathers case, we asked whether we can join him or not. Well, we can. Soo in 2011, we paid all the fees and we started submitting the forms (we submitted the form for permanent residence/alien). We had problems with the Affidavit of Support but last january2012 we finally submitted everything!! We are now waiting for our interview for 3 months now. How long will we wait for out appointment to arrive?

What is your father's exact Priority Date (day and month) beside year PD 1990? It will basically depend if your PD on the VB is current. So need the day and month of your father's PD in order to fully asses your case.

Hi all,

I currently have a pending I-485 for FB-1 through my mother who is a US citizen, my PD is June 22, 2005. I work in the US on H1B visa, I have already done my biometrics and interview before the retrogression. All my paperwork has been forwarded to the National Benefit Center. I'm not sure what to expect when my PD becomes current. Any information would be appreciated.

Thanks!

Unfortunately, the wait for your PD at the moment to the current VB is still quite a distance off. Expect to have your biometrics to be done all over again. I believe biometrics has an expiration of 15 months.

Hello,

I will be filing for citizenship this week and I want to file I130 for may parents, should I file the I130 now or wait till I get my citizenship ? another question, I have one sister which is 15 and two brothers one is 22 and one is 19 , can I file for them too ? or my parents should file for them ?

Thank you so much for your help.

As pointed out by ceadsearc, you will not be able to file an I-130 for your parents until you are officially a USC and not before.

In regards to your questions about petitioning your siblings or your parents petitioning them after they get their green card .... the short answer is "Yes, you both can".

If you petition your siblings the wait will be quite long. According to the Visa Bulletin for April, the wait for a sibling petition is more or less around 12 years at the moment. However, the waiting time if your parents were to petition for them will be much shorter for some and a bit longer for others, but not as long wait as your petition. Again, according to April 2012 VB, if your parents were to petition them is around 3 years for your 15 year old sister which will be under the F-2A preference category. Your 22 years old brother will be on a preference category of a F-2B of which the wait time at the moment is around 8 years. Your 19 year old brother on the other hand will depend on his exact age once his petition is filed by your parents. Under 21 he will be under F-2A like your sister, 21 years or older under the F-2B category like your other brother.

I'm sorry, but No you will not be able to use the VWP under the overstay that you have just stated in the past, even for just the purpose of transiting, unless of course you get lucky and found some IO at the airport that was not paying attention to your past overstay, but that's very unlikely to happen. I was even surprised that you were let in under the VWP for the second time according to your post with a previous 19 months of overstay.

Its definitely No approval on the transit visa at the US consular office. Again, your two violation on the VWP with the two long overstay .... your chances, sorry to say is Zero. With your past two violations no amount of reasoning, even if its a valid one like transiting will the IO at the POE could let you stay and transit. Applying on ESTA will probably result on a negative outcome anyway.

Your ban starts on the day you left the country, of which if I am not mistaken according to your post is 2011. I'm sure there are other routes from El Salvador to Australia. So why are you trying to make this route? No need to take the difficult route if all you wanted to do is to go back home to Australia.

VB FOR f4 IS DECEMBER 1 2000

Remember, we are presently still in the month of April not May. Those VB are for the month of May.

Financial sponsorship of her college education .... Yes, but a possible acquisition of an F-1 student visa .... extremely difficult in her case, but not impossible. You could also help her find the college that will be suited for her educational qualifications.

In order for your sister in law to maybe acquire an F-1 student visa, there are several things that you have to consider:

1. If she is still in high school or just graduated high school, then she might not qualified yet for college in the US, since its only up to the 10 grade in the Philippines and lacking the additional 2 years we have here. She must have at least already 2 years of college to even qualify ... if she is trying to pursue a bachelor in science or arts degree. Her educational credits will also have to be evaluated first and accepted by the potential college institution. She also have to pass some standardize test required by those college institution such as.. TOEFL, SAT, GRE and others. Basically, she need first all the qualifying requirements of such educational institution and by the USCIS to even apply for an F-1 visa.

2. She has to prove not only to the possible college institution she will be applying that she would be able to afford all the necessary financial requirements of the said potential institution in order to pursue her studies, but most important to the US immigration that she has the financial capability and support for her studies and living expenses in the US. Your sponsorship will help, but in the case of her family's financial background situation .... it will be difficult to justify to the CO interviewing her that she cannot pursue a closer studies in the home country where the financial burden is extremely less and easier to achieve rather than going to the US.

3. It will also depend on what kind of studies or courses in a US college she is trying to pursue. It must be courses or studies that are limited or not available in the Philippines in any of its colleges or Universities. Its hard to justify courses to the CO at the embassy if she is pursing studies that are readily available and can be easily taken in several of its prestigious colleges and universities all over the country.

4. She also has to prove that she has no immigration intent and are willing to go home after her studies in order to get an F-1 student visa. Again, its hard to justify to the CO that her sister and brother in law will spend thousand of dollars on a long college studies not to mention all the expenses of her acquiring a visa plus her travel to the US just to attend college, especially with her family's poor financial background ..... where she can just take her studies in the many nice colleges at home w/ a much cheaper way by just you sending the money. The CO might conclude an immigration intent in that scenario.

Hi all

Just wanted to get your input - my sister & fly completed her interview in April for F3 category in Delhi, India. Her daughter, who is above 21 plus has been given another interview date in May (CSPA eligiblity) but my sister will have to submit a couple of documents to have her visa approved. I am a bit confused as they gave her passport back and asked her to submit them along with the documents. I thought they keep the passports till such time visa is issued,

Appreciate your earliest response please, many thanks

Each case are different, even though some have the same processing, even in the case of the same preference visa category. It does not necessarily mean that visa will be issued if one's passport was kept by the embassy upon submission of addition documents nor a different result if passport were given back and were also ask for additional documents. Sometimes, it differ from consular office to another or even from different visa officer to another.

By the way, I hope you don't mind me asking ....... What was the additional documents requested for your niece needed visa approval?

Hi everybody:

My brother who is a us.citizen apply for me on june 2006 via f-4 category of i-130.

My questions is:

1-if any body knows about the complete processing time to get the visa?

2-i check my case status and found my case sent to NVC on april2009 and no news till now.what that means?are they reviewing my case or something else?

3-at visa bulletin i found that my category proarity date suddenly get back on Feb2011 to case with date of jan2000,but at jan 2011 this date was jan2002!!!

What is that for?

Thank you for your cooperation on my questions

Omid

1. Processing takes several months before visa are issued. However, your Priority Date ( PD ) will have to be current in order for such processing to occur. In your case, your petition is still several years ways off since your PD is not yet current for processing. Also in your case, it might take a little bit longer for processing, since there is no US embassy nor diplomatic relations with Iran right now. Your petition might be transferred to the US embassy in neighboring Turkey ( maybe ) once your PD is current and ready for consular processing.

2. I don't know why your case was sent to NVC on April of 2009. As long as you receive a letter of approval of notice from the USCIS that your 130 petition have been filed and indicated your priority date is June 2006, then your okay but if you did not ..... you might have your brother in the US follow it up w/ the USCIS or NVC. Again, your PD is not ready yet for processing, which means there is no available visa for them to issue to you at the moment. Your case will be on hold for probably, give or take 6 more years.

3. Unfortunately, you were looking at the wrong year and months. Those were last year Visa Bulletin. The VB for April 2012 is Nov. 8 2000 for F-4 preference category that is ready for visa processing.

There's a few problematic issues that you ...... especially your sister have to resolve first before she can even apply for a student visa for college of which you intended for her to acquire. First, as was stated above, you cannot petition your sister for an F-1 student visa. In your case, you can only petition your family in the Philippines through immediate family petition like your parents and family based petition like your sisters. However, you can be part of the financial sponsor for her education under the F-1 visa. Your being a USC or not has no correlation from your sister applying an F-1 student visa.

Your sister's educational level is only considered still in high school here. As I understand your educational system in the Philippines ( correct me if I am wrong ) I think its only up to tenth grade level. I believe 6 years in elementary and four years in high school. As you are probably aware that the US educational system, most western countries and others are up to twelve grade. She is basically missing two years from the US standard level of education, which make her ineligible for college. Her high school credits also has to be evaluated first before she can even be considered on a certain grade level in high school. An F-1 visa holder in high school are only limited on a 12 month stay w/ some exemption. In order to go to college of nursing, especially if your looking at a RN degree for her ...... she has to pass the standardize test required by the educational institution such as TOEFL, SAT, GRE, GMAT, ect.. let alone be accepted by any educational institution.

Again, in your case ..... proving strong ties of your sister on an F-1 visa to your country is also problematic. Why? For one thing, she will create an immigration intent through your own narrative alone in your statements on your previous posting above. If I can see it... then the CO at the embassy will more than likely be able to conclude the immigration intent. Believe me, I understand your need for your sister to come here and probably permanently stay but, unfortunately, the F-1 student visa are not meant for immigration purposes, although some have stayed in the US w/ that route. Also having your plan to petition your father at the same time once you become a USC will be more of a minus than a plus on proving your sister's strong ties in Philippines, because now she will have two immediate family instead of just one, Again, correct me if I am wrong, but there's a huge possibility that your father will also petition your mother and youngest sister once he has acquired a Green Card ..... right? If I can see the future scenario that might happen ..... the CO at the embassy that will interview your sister for a possible F-1 will also see these as clear as day. There is also the problem of justifying to the CO at the embassy that your sister is going to study nursing, since I believe you have plenty of nursing schools in the PI and an excess of graduate nurses which are looking for work and tens of thousands w/ pending PD waiting for a visa in the US. Being a graduate nurse from the PI yourself your probably aware of these since you know the long wait for nurses in the Philippines to come to the US. Don't get me wrong petitioning your family here in the normal legal course of immigration process is legal and proper, but on your 16 year old sister case it will be probably an issue of qualifications, strong ties to her country and immigration intent.

However, there's a way which your sister can come here permanently w/ your mother and youngest sister, although it might take three to four years but there will be no issue on immigration intent or strong ties to the home country, since its by family based petition. Your 16 old sister is still qualified to be petition under the the F2-A category once you become a USC and once you have petitioned your father. He can then petition your mother and both of your sisters under the F2-A category, since they are still under 21 years of age and are more than age qualified for the said category. She can meanwhile continue her studies in college (nursing) in the PI and just continue it here by the time they all get approved for a visa.

no. Im not arguing with what im being told im asking for information. you are misinterpreting inquisitiveness with stubbornness. Im simply asking question so i can get this right as opposed to going in blind and cutting my future short. so place have more patience when im asking questions

and in reference to "There is no thing for unskilled workers."

i was referring to the EB-3 visa for unskilled or "other" workers

I understand your need of coming here. However, we are not trying to discourage you, but just trying to tell you the reality at the moment and direct you in the right path on US employment. You are actually in the right route now by researching and seeking advice here in the forum

First, coming here either on a VWP or B2 visa for the purpose of looking and possible work are not allowed under this process. It's called immigrant intent and possible visa FRAUD. Also coming here while you are presently unemployed is kinda hard to justify on getting a B2 visa. You can only come in here for purpose of work employment under two categories....... a non immigrant work visa which others have already mentioned or apply for an immigrant employment visa like the EB-3 which you have mentioned above. The non immigrant visa which was mentioned by harsh and others, like different H visa as was pointed out are not possible or very slim chance in your case.

The Eb-3 immigrant visa is possible as mentioned by jjbandero. However, first, finding an employer to hire you is extremely difficult as already explained to you by aaron due to a still anemic economy, besides the potential employer will not spend money on a foreign worker to bring here just to do work that is commonly done by other unemployed Americans or other US legal residence. Second, even if you are hired by a US employer. It will take several years before your petition is approved and the employer have to be willing to wait for you and hold the said position. Do not see a lot of employer who are willing to wait that long. Third, you cannot just change status under the EB-3 immigrant category even if you can get here under the VWP or B-2 visa, especially on your work qualifications. Remember, EB-3 is an immigrant status category. You cannot just AOS into immigrant employment status from a B2 or VWP.

I'm sorry to say, there is no fast way of coming to the US under your propose working process. Your best chances is to either continue some more studies and possibly getting a degree or do some more training and work experiences in your specialized field. Maybe, also study other specialized field that are much needed in the US. You have to be patient and prepare yourself more in order to qualify for a work employment here in the US.

ok now i'm confused also.. i dont know if the law from different states are different..bec i'm from Oregon.. during my first month here, we went to DMV to get my ID... its only an ID not a Drivers license for me to be able to open a bank account with my married last name.. i just showed them my passport/visa then they checked it when it will expire.. checked my status at USCIS online.. and then they approved it..the expiration of my ID is same as my 90 days stay as K1. I also paid for it, i just cant remember how much.

I got my ID in less than 30 mins..

Driver's license and State ID's are managed and controlled by each individual states and not by the Federal Government (National) unlike other countries. Oregon's state ID and DL rules are different from California and every state in the union. However, there are some parts of the rules that are the same in each individual states. Whats applicable rules w/ regards to ID to Oregon may not be necessarily applicable to other states. The reason for different designs and features of each individual states ID or DL cards.

Correct. Again, personal preemptive processing on your part are not required on your pending immigration petition category. It is more than likely to be frown upon by the USCIS of such action. The NVC will send you a notification of readiness packet once your PD is current or even close to being current and not long before. Just continue on your normal life. Monitor the VB once in a while ...... and patiently wait.

No. First, as of the present time you will not be able to use the form I-485, because you cannot register as a permanent resident or AOS, which what this form is all about, even if your are in the US in another none immigrant visa. Your present category petition of F-3 with your PD does not allow you to file, since your PD is not close for adjudication, let alone current to the present VB. If you carefully check the I-485 form, the closest type of applicants who would be able to AOS in this form to your situation will be the first one on the list. Unfortunately, it requires an immediate available visa number that has been approved. Since you cannot use the I-485 ..... you will not be able to do any biometric (finger printing and background check).

In your category, the notion of Pre-adjudication seems a way to make the process faster, but in reality its NOT. A biometric has an expiration date (15 months). Let just say for argument sake, you can do the biometric now, what then happen to the 4 year gap when your PD is ready for processing. You don't think the USCIS and FBI can just ignore the 4 year gap with out doing any finger printing and background check after your biometric now and the possible 4 year future interview. Anything can happen to a beneficiary of a petition in those years. I'm sorry, but it will be just a lot of waste of time, effort and money in your part, not to mention the USCIS. It will only prolong the process and clog the system more instead of making it faster. I know its not easy to wait, but you just have to be extra patient. Other people in other countries have longer waiting time than you have with the same category and PD.

By the way, the chatters you heard from the immigration community, is just what it is, Just Chatter.