OPT to H1B while married to a US citizen

Asked about 2 years ago - Phoenix, AZ

Good night, I am currently working under my opt and my company is willing to process my h1b, i am currently married to a us citizen but we live in different states due to work. Will being married to a U.S citizen jeopardize my chances of getting my h1b?

Attorney answers (2)

  1. 2

    Lawyers agree

    Answered . It is unlikely to "jeopardize;" however you will have to make some decisions regarding residency sooner than later.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. 1

    Lawyer agrees

    Answered . No. H-1B is a "dual intent" visa, i.e. both immigrant and non-immigrant in a sense, meaning that although H-1B is only a non-immigrant visa, you can still harbor immigrant intent at the same time. But ultimately the best avenue may be your marriage to a US citizen "if" this is a bona fide marriage despite being a commmuter marriage.

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