What is the progress of my I130 file frozen 20 days before cut-off date? 3 Answers as of December 31, 2010

I have a double situation in the U.S. I work since 2008 with a H1b and I am the sibling of an american citizen who has applied for me a I130. My cut-off date is 21 January 2002. Bad luck: the counter has stopped on 1 January 2002, just 20 days before my cut-off date. And I hear about the coming retrogression. If I cannot get my green card before April, I will have to try to get from my employer the renewal of my H1b. He wants to keep me but I was supposed to get my permanent residency during my first H1b and paying for a renewal could be an issue. So for 20 days I would lost my job and everything I have established here.

If the situation comes up, do you think there is any action I can take to have my issue taken in consideration by the USCIS (Ombudsman?). Thank you for your help.

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Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
No. The Ombudsman has nothing to do with visa number availability. It is simply a function of number counting by the Department of State. Either the numbers are available or they are not. You need to file the H1B extension.
Answer Applies to: Virginia
Replied: 12/31/2010
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Unfortunately the priority date governs when you can adjust status so safest to count on another H renewal and get your employer to plan for that now - it is always best to maintain your nonimmigrant status up until your green card is in hand anyway.
Answer Applies to: California
Replied: 12/29/2010
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
Priority dates for I-130 petitions are established on the date the I-130 petition was filed. Which priority dates are current and how fast they move are determined by the Department of State. There is nothing that you can do or the USCIS can do to change your priority date or to speed up the movement of your priority date.
Answer Applies to: California
Replied: 12/29/2010
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