Q: Spouse on Green card and my H1b expiring soon. Can i stay in USA as a dependent even though my h1b expires?
My spouse is on Greencard(we got married 2 weeks back). my h1b is in transition as i am changing employer. if for some reason my h1b didnt approve , can i stay as a depended in USA? or will i be out of status ? do i need to go back?
A: You and your spouse should schedule a consultation with a competent immigration attorney. Do you know if your spouse is yet eligible for naturalization? To the extent that you would overstay or violate the terms your H-1B status and try to pursue a green card through your marriage, overstay/status violation generally cannot be "forgiven" in an adjustment of status case that is based on marriage to a U.S. legal permanent resident. Overstay/status violation, however, generally can be "forgiven" in an adjustment of status case based on marriage to a U.S. Citizen. There really are a number of factors that a competent immigration attorney would want to know before advising you. The question regarding your wife's naturalization eligibility is simply one. Again, consider scheduling a consultation with an experienced immigration attorney.
A:
If you H-1B extension were denied, you would probably need to leave the US.
Please see https://www.shusterman.com/h1bvisaguide/
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
