I was married to my wife for 6 years and she was on a H4 through my h1b visa when we came to the USA . We fell out 2 years ago and she left the USA, She is coming to NYC to sign divorce papers next month as its a non contested divorce .
I now have a new fiance and we hope to Marry in October. My new fiance is currently on a J1 visa and will be on a B1 visa from June onwards. but I will carry her in my h1b as a H4 until she can file for her own H1b next April.
Is there any problems I may encounter from doing this?
This is possible if the timing is right.
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Not if her J-1 is subject to home residency requirement.
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Criminal Defense Attorney
Any H1B issues logically and legally must be addressed to the sponsoring company's immigration attorney vested with a professional responsibility to handle all collateral arising issues with such immigrant visas as their exact procedural completion cannot be ever resolved by a short online paragraph.
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Certain J-1 candidates are subject to a 2 year home residency requirement (HRR) and cannot change status, without obtaining a waiver for the requirement. You would have to first make sure that she is not subject to 2 year HRR.
No problems if she is not subject to the 2-year residency requirement and is approved for the B-1 visa.
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