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Immigration Issues/L1 -to family based GC

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Question
Next week I (US citizen) am going to get married and my fiancé  holding L1 visa, that expires in 9 month. The company he works for wants to transfer him to another country in 2.5month (meaning “out of status” for him). He is looking for another job in US and with his experience has very high chances of finding one. We want to apply for adjustment of status, and employment authorization as soon as possible. However, with processing times of employment authorization it seems that he won’t be able to get one till the end of July and so he would not be able to work after that. From both of us he is the only one working, I am still a student, so it would be a burden, if he has to quit working. Will this be good enough reason for USCIS to expedite the process (the possibility that they mention, but only in very special cases). What would be your advice, should we file immediately and just hope for the best? If I am right, if he applies for adjustment of status to GC and at the same time a new employer want to get H1 visa for him—that would not be possible, since he already applied for immigrant status? Would the fact that my fiancé/husband looses the job due to luck of Employment Authorization create a problem for affivid support, since he is the one earning income in our family?
Sorry for a long explanation, thank you in advance for your answer.


Answer
Katie,
You have analysed the situation pretty well. However, there are couple of issues that you got wrong. To apply for H-1B at this time would not be possible for there are no H visa available at this time. You can apply for GC and H at the same time, since H is a dual intent visa.

If your husband is not from China or India, he could attempt to apply for his PERM and file the I-140/485 concurrently. But there is a good chance that he will run out of time. There is Also this will prevent him from becoming a F-2 dependent.

Sincerely,
Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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