Immigration Issues/Immigration issues

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Question
Dear Sir,

I am married to a H1B visa holder and I have been to US on H4. Later I got separated and living separately on H4 and found an employer who sponsored H1B for me which got approved in September 2008. I had applied for SSN number also.

I have the following questions for clarification.

1. Now as I got approved for H1 and I am still in US on H4 due to economic recession my sponsor is asking me to go back to my country of origin or get my H1B visa transferred to another company, what are the possiblities of transfer, and what will happen to my H4 status, which is still valid for another year.

2. Now I have a fiancee who is a US citizen, we are thinking of getting married couple of months later. As my divorce has not yet taken place from my husband formally what is the best solution for me in the present circumstances to get rid of my husband and marry my fiancee.

Thanks, expecting an early reply and I will be obliged.

Answer
Hi,

If your H1B approval notice states that you have been granted change of status, then you are automatically in H1B status and no longer in H4 status.

If you are in H1B status, then an H1B petition through another company must be filed as soon as possible (you will not normally be subject to the visa cap) since you are violating H1B status by not being paid the agreed-upon salary by your H1B employer. You can also file an application to change status back to H4, but it must be done as soon as possible.

If you are currently in H4 status (if the H1B approval notice did not grant you change of status), then you will lose H4 status if you obtain a divorce from your husband.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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