AboutMark Ashley Expertise I can answer questions in all areas of Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.
Experience 16 years as a practicing attorney.
Organizations Member of AILA
Education/Credentials JD from St. Mary's University, Texas.
Awards and Honors American Jurisprudence Award recepient
Expert: Mark Ashley Date: 5/22/2008 Subject: H1-b, discrepancy in date of expiration
Question Greetings,
I am a US citizen. I met and married my husband, who is Brazilian, while he
was in the US on a J1 visa. When his J1 visa ended in early 2005, he returned
to Brazil where I planned to join him as soon as I finished my master's
degree. However, before I finished, he was offered a job in the US so we
changed our plans. His new employer petitioned for an H1-b visa and it was
granted in Oct. of 2005. For reasons we don't understand, the visa says Dec.
2007 under "expiration date" even though it should be good for three years.
A little below the expiration date, it says "PED 31Oct2008". What is the
meaning of this discrepancy? He traveled abroad several times with the H1-b
visa; sometimes they wrote Oct. 31 2008 on his I-94, other times they put
Dec. 27, 2007... which to me suggests that we are not the only ones unsure
about the meaning of the two dates. Immigration services at the university
where he works suggested that he leave the country and try to "sort it out"
from abroad, but we don't feel comfortable with him leaving when he
apparently no longer has a valid work visa on which to re-enter. Any
suggestions?
In the meantime we are working on a petition for adjustment of status based
on our marriage...and are wishing there was a way to move that along more
quickly.
Thanks for giving your time to those of us wading through all this strange
paperwork.
-Sandra
Answer Sandra,
One big issue is whether or not your husband was subject to the two year foreign residency requirement since he was on a J1 visa. If he was not subject to the waiver or he was granted a waiver, then you can just file for an adjustment of status, also an EAD card and he can stay and work while the adjustment is pending. Without know more about your particular facts, I cannot give you anymore advise as it would be too speculative.
Good Luck
Mark Ashley
www.ashleykrishnan.com
