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Immigration Issues/H1-B Visa holder marrying US Citizen

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Question
Hello,

I am a H1-B visa holder and my visa expires late next year (2013). I am wanting to marry a US citizen within 1-2 months. We both are divorcees. I was on advance parole (I-485 pending) during the time of my first marriage. At the time I was going through the divorce process, my company filed for my H1 and it was approved. The divorce was legally over early last year and I'm not sure if my old status is still valid or unchanged in the records of USCIS. I have been on H1 B for more than a year now.

Will my old status create any issues with my second marriage to a citizen and the related processes? If not, how much time would it take once I get married again to obtain EAD and green card so that my dependency on H1 no longer remains valid? Please advise.

Answer
Hi,

As you are divorced, you can remarry and be sponsored again with the filing of an immigrant petition, adjustment of status, EAD and advance parole, etc.

As to the question of whether you are maintaining your H1B status currently, this depends if you have an unexpired I-94. It is possible to maintain H1B status even if you do not have an H1B visa stamp in passport, or if an H1B visa stamp is expired.

In any event, even if you are not currently maintaining H1B status, you can be sponsored and adjust status upon marriage: www.h1b1.com/Uscitizen.htm

Allow 3 months after filing for EAD and advance parole document to be issued.

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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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