I am citizen, my husband is on H1, his visa expring
Nov 20th 2002, 7:57 am
#1
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Joined: Nov 2002
Posts: 3
I am citizen, my husband is on H1, his visa expring
I am US citizen, my husband is on H1 visa, he is completing 6 years in couple of months. He did not apply GC. Does he need to leave the country after expiration or is there any way that he can stay back as souse dependent.
I understand, if I apply GC for my souse it takes minimum 1 year.
I understand, if I apply GC for my souse it takes minimum 1 year.
Nov 20th 2002, 8:25 am
#2
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Joined: Jul 2002
Location: Melbourne Fl
Posts: 458
It may take a year or in some areas even longer, but as long as the application is filed your husband can stay in the US awaiting the outcome of the application.
He must however leave the US until he has his stamp in his passprt, without first obtaining advance parole from the INS
He must however leave the US until he has his stamp in his passprt, without first obtaining advance parole from the INS
Nov 20th 2002, 9:52 am
#3
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Re: I am citizen, my husband is on H1, his visa expring
>Subject: Re: I am citizen, my husband is on H1, his visa expring
>From: simon bland [email protected]
>Date: 11/20/02 4:25 PM Eastern Standard Time
>Message-id:
>It may take a year or in some areas even longer, but as long as the
>application is filed your husband can stay in the US awaiting the
>outcome of the application.
>He must however leave the US until he has his stamp in his passprt,
>without first obtaining advance parole from the INS
Why the heck did he wait so long anyway...? curious...
he could try to convert to B-2...it may give some extra time to you guys...I
don't know the liklihood of getting it though...
>From: simon bland [email protected]
>Date: 11/20/02 4:25 PM Eastern Standard Time
>Message-id:
>It may take a year or in some areas even longer, but as long as the
>application is filed your husband can stay in the US awaiting the
>outcome of the application.
>He must however leave the US until he has his stamp in his passprt,
>without first obtaining advance parole from the INS
Why the heck did he wait so long anyway...? curious...
he could try to convert to B-2...it may give some extra time to you guys...I
don't know the liklihood of getting it though...
Nov 20th 2002, 10:37 am
#4
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Posts: n/a
Re: I am citizen, my husband is on H1, his visa expring
Wow, what did he do so long? Didn't he know 6 years (2 3-year terms) was the
limit?
You could try a B-2 but otherwise, he has to leave the country for at least
a year and re-apply for another H-1.
It could very well take over a year, a lot longer depending on the
circumstances.
I would contact an immigration lawyer.
"ASAYYAPA" wrote in message
news:[email protected]...
> I am US citizen, my husband is on H1 visa, he is completing 6 years in
> couple of months. He did not apply GC. Does he need to leave the
> country after expiration or is there any way that he can stay back as
> souse dependent.
> I understand, if I apply GC for my souse it takes minimum 1 year.
> --
> Posted via http://britishexpats.com
limit?
You could try a B-2 but otherwise, he has to leave the country for at least
a year and re-apply for another H-1.
It could very well take over a year, a lot longer depending on the
circumstances.
I would contact an immigration lawyer.
"ASAYYAPA" wrote in message
news:[email protected]...
> I am US citizen, my husband is on H1 visa, he is completing 6 years in
> couple of months. He did not apply GC. Does he need to leave the
> country after expiration or is there any way that he can stay back as
> souse dependent.
> I understand, if I apply GC for my souse it takes minimum 1 year.
> --
> Posted via http://britishexpats.com
Nov 21st 2002, 9:30 am
#5
Guest
Posts: n/a
Re: I am citizen, my husband is on H1, his visa expring
Try the new LIFE Class Visa I believe its K (or V).
If you file for his I-130, he automatically qualifies for K or V.
That will give him EAD and let him stay in US.
"Flanker" wrote in message news:...
> Wow, what did he do so long? Didn't he know 6 years (2 3-year terms) was the
> limit?
> You could try a B-2 but otherwise, he has to leave the country for at least
> a year and re-apply for another H-1.
> It could very well take over a year, a lot longer depending on the
> circumstances.
> I would contact an immigration lawyer.
>
> "ASAYYAPA" wrote in message
> news:[email protected]...
> >
> > I am US citizen, my husband is on H1 visa, he is completing 6 years in
> > couple of months. He did not apply GC. Does he need to leave the
> > country after expiration or is there any way that he can stay back as
> > souse dependent.
> >
> > I understand, if I apply GC for my souse it takes minimum 1 year.
> >
> > --
> > Posted via http://britishexpats.com
If you file for his I-130, he automatically qualifies for K or V.
That will give him EAD and let him stay in US.
"Flanker" wrote in message news:...
> Wow, what did he do so long? Didn't he know 6 years (2 3-year terms) was the
> limit?
> You could try a B-2 but otherwise, he has to leave the country for at least
> a year and re-apply for another H-1.
> It could very well take over a year, a lot longer depending on the
> circumstances.
> I would contact an immigration lawyer.
>
> "ASAYYAPA" wrote in message
> news:[email protected]...
> >
> > I am US citizen, my husband is on H1 visa, he is completing 6 years in
> > couple of months. He did not apply GC. Does he need to leave the
> > country after expiration or is there any way that he can stay back as
> > souse dependent.
> >
> > I understand, if I apply GC for my souse it takes minimum 1 year.
> >
> > --
> > Posted via http://britishexpats.com
Nov 21st 2002, 11:29 am
#6
Guest
Posts: n/a
Re: I am citizen, my husband is on H1, his visa expring
"ASAYYAPA" wrote in message
news:[email protected]...
> I am US citizen, my husband is on H1 visa, he is completing 6 years in
> couple of months. He did not apply GC. Does he need to leave the
> country after expiration or is there any way that he can stay back as
> souse dependent.
> I understand, if I apply GC for my souse it takes minimum 1 year.
I am repeating what some people have said, but some other people incorrect.
There is no need to file for B-2, K or V.
This is what you and your husband may do, and probably should do. In this
way, your husband will apply for permanent resident status simply and
directly.
You and your husband will file Forms I-130 (signed by you)/I-485 (signed by
him)/I-765 (signed by him -- gives him work authorization)/I-131 (signed by
him -- gives him travel permission after filing the I-485) at the INS
district office for your residence. See
http://www.mindspring.com/~docsteen/...o/visainfo.htm and
http://www.geocities.com/CapitolHill/Congress/2806/ to get started.
You two should file this package before the H-1B status expires. The day
that INS receives the package, your husband's stay in the U.S. in authorized
as an "applicant for permanent resident status." When the employment
authorization document (EAD) is issued, he will have permission to work for
any employer. His H-1B will remain valid to authorize his employment by the
H employer until its expiration, so you can file all this before the H
expiration if you want.
INS will schedule an interview for you and your husband. See
http://members.aol.com/MDUdall/instimes.htm for the time between filing of
I-485 and interview in most INS district offices. At the interview, if all
goes well, your husband will become a permanent resident.
news:[email protected]...
> I am US citizen, my husband is on H1 visa, he is completing 6 years in
> couple of months. He did not apply GC. Does he need to leave the
> country after expiration or is there any way that he can stay back as
> souse dependent.
> I understand, if I apply GC for my souse it takes minimum 1 year.
I am repeating what some people have said, but some other people incorrect.
There is no need to file for B-2, K or V.
This is what you and your husband may do, and probably should do. In this
way, your husband will apply for permanent resident status simply and
directly.
You and your husband will file Forms I-130 (signed by you)/I-485 (signed by
him)/I-765 (signed by him -- gives him work authorization)/I-131 (signed by
him -- gives him travel permission after filing the I-485) at the INS
district office for your residence. See
http://www.mindspring.com/~docsteen/...o/visainfo.htm and
http://www.geocities.com/CapitolHill/Congress/2806/ to get started.
You two should file this package before the H-1B status expires. The day
that INS receives the package, your husband's stay in the U.S. in authorized
as an "applicant for permanent resident status." When the employment
authorization document (EAD) is issued, he will have permission to work for
any employer. His H-1B will remain valid to authorize his employment by the
H employer until its expiration, so you can file all this before the H
expiration if you want.
INS will schedule an interview for you and your husband. See
http://members.aol.com/MDUdall/instimes.htm for the time between filing of
I-485 and interview in most INS district offices. At the interview, if all
goes well, your husband will become a permanent resident.
Nov 21st 2002, 12:25 pm
#7
Guest
Posts: n/a
Re: I am citizen, my husband is on H1, his visa expring
He does not need to leave the U.S. (and don't let him).
His 6 year limitation on H-1B is irrelevant and so is his 'overstay' or
being out of status if that happens in a few months; you should note that he
will be eligible for adjustment at the local office (where he will also will
be able to obtain his WA). If important to his present employer, you should
get things going sooner, rather than later so their isn't any gap in his
working papers.
If you have any questions, call me directly. Thanks.
Paul
--
________________________________________
Paul M. Heller, Esq.
HELLER IMMIGRATION LAW GROUP, LLP
Immigration Law & RIR Labor Certification
473 Pine St., 4th Fl.
San Francisco, CA 94104
415/291-8000; Fax: 415/276-9099
[email protected] ; http://www.greencard1.com
"ASAYYAPA" wrote in message
news:[email protected]...
> I am US citizen, my husband is on H1 visa, he is completing 6 years in
> couple of months. He did not apply GC. Does he need to leave the
> country after expiration or is there any way that he can stay back as
> souse dependent.
> I understand, if I apply GC for my souse it takes minimum 1 year.
> --
> Posted via http://britishexpats.com
His 6 year limitation on H-1B is irrelevant and so is his 'overstay' or
being out of status if that happens in a few months; you should note that he
will be eligible for adjustment at the local office (where he will also will
be able to obtain his WA). If important to his present employer, you should
get things going sooner, rather than later so their isn't any gap in his
working papers.
If you have any questions, call me directly. Thanks.
Paul
--
________________________________________
Paul M. Heller, Esq.
HELLER IMMIGRATION LAW GROUP, LLP
Immigration Law & RIR Labor Certification
473 Pine St., 4th Fl.
San Francisco, CA 94104
415/291-8000; Fax: 415/276-9099
[email protected] ; http://www.greencard1.com
"ASAYYAPA" wrote in message
news:[email protected]...
> I am US citizen, my husband is on H1 visa, he is completing 6 years in
> couple of months. He did not apply GC. Does he need to leave the
> country after expiration or is there any way that he can stay back as
> souse dependent.
> I understand, if I apply GC for my souse it takes minimum 1 year.
> --
> Posted via http://britishexpats.com
Nov 21st 2002, 8:18 pm
#8
Guest
Posts: n/a
Re: I am citizen, my husband is on H1, his visa expring
You should file for the green card and get his work authorized. I can help for
a very reasonable price. Email me at [email protected] and check out
www.EnterAmerica.com for more info.
a very reasonable price. Email me at [email protected] and check out
www.EnterAmerica.com for more info.
