Question regarding marriage

[cmn0548]

What is the name of your state? tx

Hi,
As you know the H1b is maxed out and I still have not received a repsonse. To continue working as an engineer, I have been thinking of alternatives including going to school. THis is costly and is not promising, specially if I will not be able to work to support myself in school. Marriage is the only other alternative I can think of. If my OPT expires Sept. 30th 2007, what time frame should I have to start the process?

What all is involved with this kind of move? Obiviously the social aspects are known, however I am thinking of the legality and how long the process takes.

[HomeGuru]

What is the name of your state? tx

Hi,
As you know the H1b is maxed out and I still have not received a repsonse. To continue working as an engineer, I have been thinking of alternatives including going to school. THis is costly and is not promising, specially if I will not be able to work to support myself in school. Marriage is the only other alternative I can think of. If my OPT expires Sept. 30th 2007, what time frame should I have to start the process?

What all is involved with this kind of move? Obiviously the social aspects are known, however I am thinking of the legality and how long the process takes.

**A: your logic is very fuzzy.

[cmn0548]

how so?
what are my other alternatives?

[cmn0548]

If that is not logical, I have to ask what the criteria is for the application of my green card through employment would be?

[ImmigAttyLana]

To ascertain your options as far as the employment-based permanent residence process is concerned, it is critical to know the type of position you are being offered by the employer, what your level of education and/or work experience is, and what your country of birth is. That will determine whether or not you can file under EB2 or EB3 since one may not have any "wait times" and the other one may have significant wait times. Please elaborate.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

[cmn0548]

Thanks for the response Lana

Well as per your questions, my employer is already willing to sponsor me, hence pay for all the fees and filed my H1b for the 2008 year. This, as you may know, did not turn out to my favour and the lottery, I am afraid, did me no good.

My position is Mechanical Engineer project manager. I have a BS from University of Texas, with an Mechanical Engineering degree. I however have only a year experience under my belt, after my graduation in August last year. I am a citizen of Sri Lanka.

Thank you Lana, your response is greatly appreciated, and I doubt you can recall, but I got where I am now, through your guidance partly.

Thanks again

[ImmigAttyLana]

If you can trigger my memory a bit more, I will probably be able to recall, but as it is I am not sure that I remember you.

As having only a BS, you would only qualify for the EB3 preference category which is currently in retrogression so even if your employer starts the process on your behalf, you would not be able to be at a point of filing for adjustment of status (due to the retrogression) before your OPT expires and, therefore, you would have to depart the US until such time as the visa number is current or to try for the H-1B lottery again next year in April 2008.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

[ImmigAttyLana]

I reread your original post and you did not indicate that your packet has been returned back as not having been selected in the lottery. Are you sure that it has not because receipt notices for those that have been selected have not yet all gone out. I just received one for my client this afternoon, for instance, and the USCIS has set a tentative deadline of mid-May to get all these out although it could take longer.

[cmn0548]

thanks again lana, I was asking you questions regarding my h1b application, my work title, salary requirement, overtime pay during around february and march. your input was greatly appreciated

thanks, now that im beyond that point and into the next obstacle, I am confused yet again

[ImmigAttyLana]

I remember you now.

Have you gotten a confirmation that your case has not been selected in the lottery from your attorney?

[cmn0548]

Lana,

Not yet, no word from the lawyer regarding approval/denial... i sure hope it is the former! but judging by the time, I am afraid its the worst for me. My options are to go back to school (I will not be able to work full time of course, and thus I will not be able to support myself in school) or go back home. It's hard when you have had plans in the last five - six years, and had a career path, dream and an objective to be wiped away clean because of a computer generated lottery

any other alternatives? I am assuming not.

[ImmigAttyLana]

I don't know that it is the end since you have heard neither way so there is still hope even if it is not very little. I am not sure why your attorney is not communicating to you about your chances and also about possible alternatives for staying in the US.