Immigration Issues/h4 to f1


QUESTION: I am turning 21 on September although the immigration officer stamped April 2008 on my i94 (the same expiration as on my visa)to validly stay in the US. (I entered the US April 2007) I am planning to apply for F1 to be able to live here with my family. However, my mother already has an approved i-140 eb3 category but priority date is only Aug 2003 (hers is 2004). Can I still get an F1 visa? What are my other options? How will the Child Protection Act help me? i need help!!! Please.
ANSWER: CSPA will probably not help you. The formaula is to take your age when they reach her pririoty date and subtract the amount of time it took them to approve I-140 after filing it.

You can try for F-1 there is no law that prevents them from issuing it, but it is discretionary.



---------- FOLLOW-UP ----------

QUESTION: thanks robert. you have been very helpful. I have a follow up question, is it still possible to file for an h1b petition at this time? i heard that if the petitioner is a non profit organization, the cap does not apply. Is that true? what if it is a public school? will i be out of status if my 194 expires but i filed for adjustment of status to h1b? thanks in advance.

You are ok to stay until a decision if you file before I-94 expires. It is true that some non profits or  educational institutions are not subject to cap and you could apply. The institution has to look at the I-129W form and see if it qualifies.



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Robert Hollander<B> Esq.</B>



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