My husband is on H1B but his contract will end in Nov. I"m on the process of US citizen, should get it in Jan. What should I do?

Asked about 1 year ago - Orlando, FL

My husband is on H1B but his contract will end in Nov. I"m on the process of US citizen which I should get it in Jan next year. What should I do while we are waiting to process his green card? Can we switch his H1B to J1?

Additional information

At the end of his job contract, he needs to leave within 10 days. Can he leave and come back as a visitor without a visiting visa since he is from Germany and then I file for his green card?

Attorney answers (6)

  1. Robert Louis Brown

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . ISince you are a permanent resident you should file for your spouse right this month as the priority dates are current and he may file for adjustment. This may change in September so do wait.

    Contact us at. 888.861.4414
    Rbrown@rbrownllc.com
    Orlando
    Www.brownimmigratiionfl,com

  2. Kyndra L. Mulder

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . You can sponsor your husband to get his green card as soon as you get your NATZ. The expiration of his visa may not be an issue. However, before you count on this I suggest you invest in a consultation with an experienced immigration attorney.

    Kyndra L Mulder, Esquire
    386 246 6888

  3. Theodore John Murphy

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . While you could certainly file for a change of status the best thing to do is to file for his residency. You can wait until January after you naturalize. Your husband will be out of status for a few months but that is not an obstacle when married to a US citizen.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  4. F. J. Capriotti III

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with my colleagues, especially Mr. Brown ... FILE TODAY ... there is no waiting list for FB-2A

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  5. Harry Asatrian

    Contributor Level 15

    7

    Lawyers agree

    Answered . I would not change his status to J-1 without consulting with an immigration attorney especially if he is married to a LPR who is going to be a USC and most likely going to sponsor him in the future because of the dual intent issue.

  6. Jeff L. Khurgel

    Pro

    Contributor Level 19

    7

    Lawyers agree

    Answered . As a broad generalization, because F-2A category is open during August, you are now eligible to file for him and should file now. When you Naturalize in January, the petition can be upgraded. The key is that your husband will be in an authorized period of stay. Absolutely do not let your husband go out of status if it can be prevented. Go over all of this with an attorney, including possible drawbacks of the J-1.

    Representing Clients in All 50 States -- Khurgel Immigration Law Firm -- Attorney Khurgel is a Former USCIS and... more

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