The best way to succeed with immigration (and to obey the law) is always to tell the truth.

Any time spent outside of the US while in H-1B status can be recaptured in order to extend the initial six year H-1B period.

This is the kind of question that requires consultation with an experienced divorce lawyer. It is not primarily an immigration question. As long as the original marriage was genuine and not entered into for immigration purposes, and as long as the green card holder has not been convicted of any... View More

Adjustment of status would be indicated, but it is important to consult with an experienced immigration lawyer, since the timing is important and there could also be issues about intent when entering the US with a tourist visa while married to a US citizen (especially if an I-130 petition had... View More

Marriage is usually the best option in this kind of case, but this also depends on specific factors such as how long she has been in the US, what kind of visa she has now, etc. Consulting with an experienced immigration lawyer is essential before taking any action.

If you already have a permanant green card that was obtained through a genuine family relationship, the relative who sponsored you cannot withdraw or cancel your green card. It is too late to change his or her mind.

Marriage green card Interviews are always safer and usually go better when an attorney is there. This applies to both same sex and opposite sex marriage interviews, both types of which I have attended with successful results. A party to the marriage can sometimes have many types of reasons for not... View More

Neither the O-1 law nor the regulations contain any specific guidelines as to who may qualify as an O-1 agent, other than that the person or company must be in business as an agent. As a practical matter, this means that almost anyone or any company that is engaged in any type of business should be... View More

This is an important question. Of course, not being subject to the H-1B lottery when it comes time to renew makes a huge difference. But there is also another question about renewal: Does the fact that an employee was already approved for H-1B mean that the renewal is more likely to be approved,... View More

It is best to wait until the change of status application is approved, at least in most states. You could check with your local state authorities about this, however.

You will need the help of an experienced immigration lawyer whatever action you and she might decide on. This is not a situation that you or she should try handling on your own.

Someone who has a valid H-1B visa stamp in his or her passport, even based on previous H-1B employment, can use that visa stamp, with the new I-797 H-1B approval notice, to return to the United States any time up until the expiration date on the passport visa stamp (not the I-797 expiration date -... View More

Why doesn't she simply file to renew her green card now? Better late than never!

If your wife is going to be outside the US for more than one year, she would need to apply for a re-entry permit before leaving the US in order to be able to return. Short overseas trips should not be a problem, especially if they are for less than six months.

I do not know your full situation without seeing your documents, but it may be that going outside the US while waiting for your H-1B approval might be the worst thing that you could possibly do. Depending on the details of your situation, you might get stuck outside the US for a shorter or longer... View More

F-1 students are required to have "nonimmigrant" intent, i.e. intent to return to one's own country permanently. Someone who has applied for adjustment of status does not have nonimmigrant intent and is therefore not eligible for any F-1 benefit, including OPT. Why does this even... View More

Yes, as long as the H-1B visa stamp obtained in order to work for the previous employer is still valid,.and has not been been cancelled or expired.

I usually answer this question by putting in "Not applicable" and I have never had any problem with that. However, sponsor's negative net income should normally not be a problem in an O-1 case. In certain other types of cases, not related to this one, such as with an I-140 petition,... View More

After the divorce becomes final, there is no waiting period before filing for a fiance visa or getting married and filing a spouse green card petition. It is important to check with the divorce lawyer to make absolutely sure that the divorce is in fact final and that nothing further needs to be... View More

The canon of ethics prohibits a lawyer from assisting in any case which he or she knows to be fraudulent or not genuine. The same canon of ethics requires a lawyer to keep all client information confidential and not to share it with anyone unless the client consents.