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Immigration Issues/green card status for spouse

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Question
Hi Ajay,
I have few questions that hopefully you can assist me with. Allow me to extend my thanks in advance.  
My husband has a pending immigrant status.  He filed for this sometime in 2007 and he has been waiting as of the moment.  We got married in  2010. I am not a US citizen but have a ten year multiple entry visa (tourist). He has not included me when he filed (in 2007) for his petition which was availed through his work. I would like to ask what happens to me in this case?  Does he need to file again to include me in the petition? I only see him 6 months out of a year since I have to go back to my home country.  What are our options?  

Thank you!

Answer
Hi,

Based on your marriage, you are automatically included in your husband's employer sponsorship case. However, you will be unable to obtain an immigrant visa (green card) until the priority date for your husband's case is current: www.h1b1.com/visawaiting.htm

If your husband is maintaining H1B status or L1 status while being supported by his employer for green card through employer sponsorship, you can obtain H4 or L2 visa status and continue to remain in the U.S.

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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