Hi I am in US on f1 student visa and the status expires in 6 months coz am graduating .I am single and only son and My parents are both permanant residents from India . My query is how can i convert my F1 to PR coz my entire family is here and I dont have reasons to leave US . I can see under processing times the wait FOR I 130 under PR parent filing for son unmarried above 21 is " NOW PROCESSING CASES FILED IN JULY 2005 " but the visa bulletin for INDIA sayS 1999 . So how long will i have to maintain status and can I get an EAD AND continue staying here while my case is under process for next 7-8 years . Please help . i dont qualify for an H1 b and even if i do its a lottery these days .

quote:

Originally posted by rain:
Hi I am in US on f1 student visa and the status expires in 6 months coz am graduating .I am single and only son and My parents are both permanant residents from India . My query is how can i convert my F1 to PR coz my entire family is here and I dont have reasons to leave US . I can see under processing times the wait FOR I 130 under PR parent filing for son unmarried above 21 is " NOW PROCESSING CASES FILED IN JULY 2005 " but the visa bulletin for INDIA sayS 1999 . So how long will i have to maintain status and can I get an EAD AND continue staying here while my case is under process for next 7-8 years . Please help . i dont qualify for an H1 b and even if i do its a lottery these days .

Hello Rain...

Im sure some experts here will give you an advice soon.

Here's a bit that I know..
If you can find a way to extend your F1 status.
And find an employer that will sponsor you
you can switch from F1 to H1b.

I don't think F1 status can apply for EAD.

let me correct the EAD part

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

sorry about that rain.
I focus on your F1 status expiring in 6 months.

You can read the instruction for EAD under F1 status.

Like I say some members who knows well will
advice you soon

quote:

Originally posted by rain:
Hi I am in US on f1 student visa and the status expires in 6 months coz am graduating .I am single and only son and My parents are both permanant residents from India . My query is how can i convert my F1 to PR coz my entire family is here and I dont have reasons to leave US . I can see under processing times the wait FOR I 130 under PR parent filing for son unmarried above 21 is " NOW PROCESSING CASES FILED IN JULY 2005 " but the visa bulletin for INDIA sayS 1999 . So how long will i have to maintain status and can I get an EAD AND continue staying here while my case is under process for next 7-8 years . Please help . i dont qualify for an H1 b and even if i do its a lottery these days .

Oh yeah, this is yet another sad case, trying to "play by the rules," and yet the bridge to paradise is rickety.

I have some tips for you to assuage the pain:

1) stay unmarried (sorry you don't have yet the "right to pursue happiness") so that when your parents got naturalized your I-130 can be upgraded to F-1 where the retrogression is not that bad - February priority date for F-1 for India is 08FEB02, compared to F-2B's 01JAN99. As it looks now, staying single may reduce the number of years of waiting.

2) contact your DSO to help you apply for Form I-765 (EAD) 60 days before the expiration of your status or within 30 days after. The rule allows one month validity of EAD per four academic months, but USCIS normally grants up to six months.

3) do your best to maintain your status, in your case, by staying enrolled. Because unfortunately, you're right, changing to H-1B as of now is not very easy given your current situation and taking all other factors together: you're young, inexperienced, H-1B visa lottery...

4) if you're going to complete a baccalaureate degree, take up any post graduate or master's degree related to your line of specialization. After acquiring your master's degree, you will have the benefit of being counted against the special 20,000 H-1B allocation per year where the competition is not that stiff. Sure, no lottery selection.

All the best!