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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?

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?

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?

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Attorney answers 6

Posted

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

Posted

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

Robert Louis Brown

Robert Louis Brown

Posted

Do not wait

Posted

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.

Posted

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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Posted

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 is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

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 Department of State Embassy Officer. Address: 4199 Campus Drive, Suite 550 Irvine, CA 92612. Email: info@khurgel.com Office: (949) 509-6515 Direct: (949) 535-6331 Fax: (949) 509-6599. Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.

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