Immigrantion Prtition I-130 and HIB

[Adeel]

What is the name of your state? NJ
HI,
I hv a I-130 immigrant,unmarried over 21 petition filled for me by my father. I am out of states and now i got the oppurtunity for H1 and my employer is willing to file it for me. Does it make any affect (+/-) on my immigration petition if i go for it?

Some one told me that consulate people check for the strong ties back to your country, which in my case will not be available bcz my parents are already in USa. please advise me whether is should go for it or not ?

Thanks in Advance!

Adeel

 

[ImmigAttyLana]

No, the H-1B should not be affected by the pending I-130 petition since the H-1B status allows for dual immigrant intent.

However, the H-1b quota has almost been reached; therefore, unless your employer files the H-1B petition on your behalf within the next week or two, you are likely not going to be able to apply for the H-1B until the 2006 fiscal year.

Please let me know if you have any additional questions or need further assistance in this matter.

 

[Adeel]

HI,
Thanks a lot for giving me appropriate guidance. Now i am clear abt the processing at USCIS. But as far as processing at consulate is concerned, plz guide me well too. Below is the statement extracted from the visa application, given by local embassy.
As i hv my family in USA and also pending immigrant petition for me, Is that not be a problem if they ask me to show ties at back, while interviewing?

===
"WHO IS QUALIFIED FOR VISA: APPLICANTS FOR NON-IMMIGRANT VISAS MIUST SHOW THEY QUALIFY UNDER THE IMMIGRATION AND NATIONALITY ACT. UNDER THIS LAW, IT IS PRESUMED THAT EVERY APPLICATION IS AN INTENDING IMMIGRANT. THEREFORE, APPLICANTS FOR NON_IMMIGRANTION VISAS MUST OVER COME THIS PRESUMPTION BY DEMONSTRATING THAT:
THE PURPOSE OF THEIR TRIP IS TO ENTER THE U.S. FOR BUSINESS, PLEASURE, OR MEDICAL TREATMENT. THAT THEY Plan TO REMAIN FOR A SPECIFIC, LIMITED PERIOD; AND THAT THEY have A REWSIDENCE OUTSIDE THE US AS WELL AS OTHER BINDING TIES WHICH INSURE THEIR RETURN ABROAD AT THE END OF THE VISIT."
===

Again thanks in advance!

Adeel

 

[ImmigAttyLana]

That excerpt should not apply to the application for a H-1B; from reading it it applies to other nonimmigrant visas, such as the B-1/B-2, F-1, etc.

But again, I think you may be focusing on the second part of the process without knowing whether you will even get there in the near future, given that the H-1B quota is about to be reached, in which case you will not be eligible to apply for a H-1B visa until sometime next year (around this time probably)

Please let me know if you have any additional questions or need further assistance with this matter.

 

[Adeel]

HI,
Today i come to know that my employer submitted 1-129, H1B application to INS and it is accepted. My Employer has gone for premium processing and hopefully expecting response with in 15 days as said by him.

I hv following confusion, and ask ur favour to explain these.

1)Does H1B cap. means that for fiscal year FY04 the total applications INS will process OR total H1 visas to be issued?
2)For FY04 the H1B visas will be available after 1,October 04 at consulate or visa stamping is irrealted to it?
3)My Third question is same abt the second part of processing at consulate, as i described in earlier post related to immigration status. Please guide!


Thanking you!

Adeel

 

[ImmigAttyLana]

The cap is for the 2005 fiscal year, which started on October 1, 2004 and not for the 2004 year. That cap was reached in February 2004. If your application has already been filed, then you are not going to be affected by the cap even if it is announced soon because those applications already accepted are not going to be affected.

As for consular processing, this too will not be affected by the cap if your petition is approved, because that already takes into account a visa number for you on the basis of that approved H-1b petition.

The third question makes absolutely no sense to me, so if you can rephrase and clarify, please do so.