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I am a Swedish citizen (EU) and lawful resident of US. I…

Hello, I am a Swedish...
Hello, I am a Swedish citizen (EU) and lawful resident of US. I have filled I-130 for my son born 1987 and also a Swedish citizen. He's got a B1/B2 visa and I wonder if he can apply for AOS when he is here in US? If not, is there anything else we can do to speed up the process, e.g. I-539, I-765, V Nonimmigrant Visa, I-485?
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Answered in 1 hour by:
3/12/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,910
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

The news is probably not going to be good. I assume your son is nor married? What is the Priority Date of the I-130? Usually it is around the date that it was filed.

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Customer reply replied 5 months ago
He is not married and the Priority Date is around Sep 2017. As an FYI, he do have a job opportunity lined up when arriving to US. He has a Army Ranger Special Forces background and have a job with s security firm.

Ok. Unfortunately, you cannot help him stay because it is a 6 or 7 year wait for your I-130 to be usable for him and no, there is no way to speed that up. What level of education does he have? What level of education does the job offer require?

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I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

What level of education does he have? What level of education does the job offer require?

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Customer reply replied 5 months ago
Sorry, I am on business travel hence the delay in my response. He's got a BA degree and the job itself requires BA degree. In addition, this role require certain specific and unique experience with certification.

Then he may qualify for an H-1B Professional visa. The information on the H-1B is basically that he must have a job offer, the job offer must be for a company that is offering a position that is related to his degree and experience. The position must also normally require a bachelor's degree or higher. The company must have a need for someone in that position and must have the resources to be able to pay him what is normally paid to someone in that position. All these things must be provable with financials, business plan, etc. Also, because they are used up for this year, he will need to apply on April 1, 2018 to start working on October 1, 2018 or later. The exception is if he applies for a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here is an official link to the H-1B:

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-dod-cooperative-research-and-development-project-workers-and-fashion-models

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,910
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank's for the H-1B reference. It seems that will probably be the best option.

You are very welcome! Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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