Patchogue, NY Immigration Law Firms & Lawyers

There is no reason for you to worry: in F4 category, current priority dates are: January 1, 2003 - for citizens of mainland China; January 1, 2001 - for citizens of India April 15, 1997 - for citizens of Mexico December 1, 1992 - for citizens of the Philippines August 08, 2003 - for everybody else Immigrant visas are being now issued to the beneficiaries of the petitions which were filed *before* these dates. Your priority date is in December 2003, so you just have to wait.

It does not matter in what status you are now - so long as you are in a valid status and remain in that status until you receive a green card or leave the U.S. In F-1 status, it means that you cannot accept employment, even for your petitioner, without authorization by USCIS, and you cannot reduce your coursework below the minimum enrollment required by your visa. To apply for a green card in EB-2 category, you need either an advanced degree, or an exceptional ability, or a national interest waiver. If you file in the advanced degree category, the job you apply for must require an advanced degree, and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). For filing in the "exceptional ability" subcategory, you must show "a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.? The required evidence includes: - Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability; - Letters documenting at least 10 years of full-time experience in your occupation - A license to practice your profession or certification for your profession or occupation - Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability - Membership in a professional association(s) - Evidence of recognition for your achievements and contributions to your industry or field by your peers, government entities, professional or business organizations In the "national waiver" subcategory, the requirements are pretty much the same as in the exceptional ability category plus you have to show that your work will benefit the national interests of the United States. For any EB2 petition, you need a petitioner - a U.S. employer willing and able to obtain labor certification for your position and for you, personally, and willing and able to pay you the wages the Department of Labor will determine based on the job description, industry, and geographic area. The entire process can be expected to take 10-15 months. It is extremely important that, until you have a green card in your hand, you do not violate the terms of your F1 visa; if you cannot, you should leave the U.S. and complete the process through the U.S. Embassy in your country.