Applying for I-485 need some help

[Sgt.NeXuS]

Hey Guys,


I just have a few unclear questions that i need some help with, My mother applied for my i-130 while i was in America, i am now back in South Africa. My i-130 was recently approved so i want to speed up the process a bit instead of waiting for a priority date would i be able to fly to america on a visitors visa, apply for my i-485, have USCIS continue with my application hopefully get it approved. Now if that can work do and it takes longer than 6 months to approve, and my i-94 expires. Do i get barred from re- entry or would it be fine because i have a pending i-485. Or do i leave the country?




Many thanks

[rayb]

Sgt Nexus,

If you are age 21 or older, your petition will fall into a quota wait for an available visa slot. You cannot speed up the processing, as your Priority Date drives the processing momentum.

Your only option for saving any waiting time is to be in the U.S. when your visa slot becomes available, then apply for Adjustment of Status while in the U.S. Assuming your mother is a U.S. citizen and you are unmarried, your visa class will be F1 and it will take about 7 years for a visa slot to be available.

--Ray B

Hey Guys,


I just have a few unclear questions that i need some help with, My mother applied for my i-130 while i was in America, i am now back in South Africa. My i-130 was recently approved so i want to speed up the process a bit instead of waiting for a priority date would i be able to fly to america on a visitors visa, apply for my i-485, have USCIS continue with my application hopefully get it approved. Now if that can work do and it takes longer than 6 months to approve, and my i-94 expires. Do i get barred from re- entry or would it be fine because i have a pending i-485. Or do i leave the country?




Many thanks

[Sgt.NeXuS]

Sgt Nexus,

If you are age 21 or older, your petition will fall into a quota wait for an available visa slot. You cannot speed up the processing, as your Priority Date drives the processing momentum.

Your only option for saving any waiting time is to be in the U.S. when your visa slot becomes available, then apply for Adjustment of Status while in the U.S. Assuming your mother is a U.S. citizen and you are unmarried, your visa class will be F1 and it will take about 7 years for a visa slot to be available.

--Ray B

Thanks Ray, Yeah you are quite right, i am over 21 unmarried and she is a US Citizen, OK so another question, say now i go with that option 2, staying in america till one becomes available surely i will overstay my Visitors Visa i-94 which is only valid for 6 months, what happens if i stay longer than that of which is required or doesn't it matter? Because i will need to be able to work and so forth. I cant stay there for 7 years with no work, income or can i apply for a work permit ?



Thanks

[rayb]

If you stay in the U.S. beyond your visitor visa allowable time, you will be out of status and unable to legally work.

--Ray B

Thanks Ray, Yeah you are quite right, i am over 21 unmarried and she is a US Citizen, OK so another question, say now i go with that option 2, staying in america till one becomes available surely i will overstay my Visitors Visa i-94 which is only valid for 6 months, what happens if i stay longer than that of which is required or doesn't it matter? Because i will need to be able to work and so forth. I cant stay there for 7 years with no work, income or can i apply for a work permit ?



Thanks

[Sgt.NeXuS]

If you stay in the U.S. beyond your visitor visa allowable time, you will be out of status and unable to legally work.

--Ray B

I see so if i apply for a work permit before i'm out of status that should work? Seems this stuff gets quite complex.

[rayb]

If you are here on a visitor visa (B2), you are not legally eligible to work and cannot apply for a Work Authorization (EAD).

--Ray B

I see so if i apply for a work permit before i'm out of status that should work? Seems this stuff gets quite complex.

[Sgt.NeXuS]

If you are here on a visitor visa (B2), you are not legally eligible to work and cannot apply for a Work Authorization (EAD).

--Ray B

Ok so how do you suggest i go about this visa wise? Because the goal is to work while i wait. Establish some form of stability and financial support.

[kppanday]

Visitor visa

cannot apply for a Work Authorization (EAD).

[rayb]

You're asking for advice on how to survive illegally in the U.S. That's not the sort of advice that is normally available on a public forum like this.

---Ray B

Ok so how do you suggest i go about this visa wise? Because the goal is to work while i wait. Establish some form of stability and financial support.

[Sgt.NeXuS]

You're asking for advice on how to survive illegally in the U.S. That's not the sort of advice that is normally available on a public forum like this.

---Ray B

Hi Ray,

No im not asking for illegal advice, what i meant is let me rephrase. Would i be able to apply for the i-485 once i get sponsorship via h1b visa. So i will be legal to work in the United States. No illegal activities. This way i can survive while working for a company that has sponsored me.

[rayb]

Sgt,

I apologize if I misunderstood you.

I can't answer your question related to the H1B visa and subsequent I-485 processing.

-Ray B

Hi Ray,

No im not asking for illegal advice, what i meant is let me rephrase. Would i be able to apply for the i-485 once i get sponsorship via h1b visa. So i will be legal to work in the United States. No illegal activities. This way i can survive while working for a company that has sponsored me.