Dear Friends,
I really need some help and advise. Here is my situation:
My wife is currently on a Green Card. She filed for her US citizenship
in May 2006. Of course, as our (bad) luck would have it, her case is
stuck in the vicious FBI name check. It will be 2 years this May since
she filed to be a USC but we haven't heard anything yet.
I am on H1B visa. I came originally on F1 and after completing my
Masters, transferred to H1B. My H1B came in effect in January 2005. It
was initially filed for 3 years (which means it ended in December of
2007). However, in early 2007, my H1B extension was filed and my
extension was valid from Feb-2007 to Nov - 2009.
In January 2004, my wife filed an I-130 petition for me. This was
obviously a green-card holder filing for a spouse (Family Based
Preference 2A). A few months ago, we received an I-797 (Notice of
Approval) saying that the I-130 petition my wife filed for me was
approved. However, it said that unfortunately a visa number was not
available at that time and hence I would have to wait. My priority
date is Jan 04. I am from India. I checked today and they are still
processing priority dates of March 15th 2003.
Here are my questions:
1. Since the I-130 petition was approved and I am only awaiting a visa
number, what happens when they start processing the priority dates of
Jan 2004? Would I be getting my Green Card then.
2. Do I have a higher possibility of getting my Green Card through
that I-130 rather then waiting for my wife to get her citizenship?
3. My work-folks are ready to file a green-card for me but I am
slightly wary. First of all, from very start they have told me that
this is a very difficult process and they would still try best but no
guarantees. It's going to tie me to this job till I get my Green-Card
(which is 4-5 years). Believe it or not but they stalled my raise
saying that it's either this or that.
I am not sure what to do here. We are also planning a family. I want
to get into an MBA school but right now my fees are almost double
because I am on H1B and not a permanent resident. We are confused and
distraught. What is the best way to tackle this situation?
I really really appreciate your responses.
- Rahul |