Check out some similar questions!

stems · Nov 20, 2010, 10:41 AM

I am being petitioned by my husband who is a resident alien, can I go to the USA on a student visa or any other type of visa?

NYcityboy · Nov 21, 2010, 07:15 AM

Not likely. The F-1 student visa is the most stringent regarding "nonimmigrant" intent. As you are married to an LPR and he has already filed the I-130, you clearly show an intent to immigrate to the US.

Check the most recent DOS VB, the priority date is only back 6 months. What is your PD? You should be able to file for the IV very soon, if not now.

stems · Nov 21, 2010, 07:36 AM

Chicago received my petition on Nov10,2010 is this the PD? Or is there some time between when they receive and give a PD? Do you think I have other options like H1b, or would this stop my petition? Thank you very much.

NYcityboy · Nov 21, 2010, 05:59 PM

Check the receipt notice, the top left will have several boxes, one marked "priority date", it is generally the date the USCIS received the petition. This is your "place" in line for an immigrant visa or application for adjustment of status.

If you only filed this month, it will be about 6 months until you can file for an immigrant visa. This is amazingly fast historically. Call any immigration attorney to see that it is usually about 5-6 years.

If you qualify for an H-1B, that will work fine as it is a visa classification that allows for dual intent. There are still numbers available for the past fiscal year, so if you file now, you can come in immediately after visa issuance.

After entering as an H-1B, and when your I-130 PD is current, file your AOS.

I hope this was helpful, as always confirm this with an immigration attorney. Good luck.