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OPT to H1B while married to a US citizen

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


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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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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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