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Questions Answered by Karina Garcia Herhusky
1 Answer | Asked in Immigration Law for District of Columbia on
Q: What are the eligibility requirements for H1-B cap gap?

I am currently working with a non-profit organization in D.C. on my STEM OPT. My OPT runs out in February and the organization has agreed to sponsor my H1-B. I primarily work in their research division. We missed the the April deadline. Are we eligible for the H1-B cap gap.

Karina Garcia Herhusky
Karina Garcia Herhusky answered on Dec 21, 2018

A cap-gap extension extends an eligible F-1 student's status to bridge the gap between the end of the F-1 and the beginning of the H1-B. It allows the student to remain in the U.S. during the gap. The H1-B cap limits the amount of H1-Bs allowed each fiscal year. The fiscal year begins October... Read more »

1 Answer | Asked in Immigration Law for Alabama on
Q: What are the risks to divorcing a US citizen as an undocumented immigrant?

I am an undocumented immigrant (I entered the US legally and overstayed a visa) and I got married last year to an american citizen. She now wants a divorce. How could this affect my stay in the US?

Karina Garcia Herhusky
Karina Garcia Herhusky answered on Dec 21, 2018

Usually when an immigrant marries a U.S. citizen and the U.S. citizen files a petition for permanent residence on behalf of the immigrant, the immigrant is granted conditional permanent resident status until the couple has been married for two years. This two year conditional period is supposed to... Read more »

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