Is there any way I can remain the US while waiting for that priority date? 6 Answers as of October 08, 2013

Hi. My parent won the DV lottery in 2007 and recently became a US Citizen. I was over 21 when they came here. I came later on with a F1 student visa, and completed Master and my OPT is due to expire in June 2014. We file for I-130 and our priority date is Jan 2008.

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You cannot remain in the US to await the priority date but if you have a degree from the US and OPT you can try to get a H-1B through a US employer. If you remain in the US unlawfully after your OPT ends, you will be ineligible to adjust status even when the I-130 is approved and priority date is current.
Answer Applies to: California
Replied: 10/8/2013
Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Try finding an employer who would sponsor you for an H-1B visa. There are other options, but they are much more complicated. Keep in mind that the H-1B application must be filed on April 1, 2014 and requires several time-consuming preliminary steps.
Answer Applies to: New York
Replied: 10/3/2013
Law Offices of Linda Rose Fessler | Linda Fessler
No you cannot remain past the deadline.
Answer Applies to: California
Replied: 10/3/2013
Vladimir Parizher
Vladimir Parizher | Vladimir Parizher
Unfortunately, you better not violate your visa status. Otherwise, you will have problems when your petition becomes current. Based on what you say, you will need a lawful presence here for 1 to 1 1/2 years, if you definitely do not want to return to your home country and wait the process there. May be you should start working on your working visa right away and see if any company will agree to petition for you on a working visa. That would be one way to extend your lawful presence. Another one could be through a marriage to a US citizen, if you are in a serious relationship here. However, please remember that you better not violate and overstay your visas, as you will have difficulties and huge delays on adjustment of status, where you could be deemed inadmissible for the purpose of your application.
Answer Applies to: California
Replied: 10/3/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You must qualify for and apply under a nonimmigrant visa category in order to remain in the US.
Answer Applies to: California
Replied: 10/3/2013
    Alena Shautsova
    Alena Shautsova | Alena Shautsova
    If you don't qualify as an immediate relative, you have to maintain legal status in the US in order to adjust.
    Answer Applies to: New York
    Replied: 10/3/2013
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