Immigration Issues/H1-B Questions

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Dear Sir,

I hold a permanent resident card since December 15th, 2004 and I am married since December 24th, 2005. My wife had a J1 visa at that time, before its expiry we applied for an extension and change of status as tourist visa. Also in the mean time one company she interviewed with applied for H1 visa for her on April,06. We have received the approval notice for H1 petition, and we secured an appointment from country of origin. Her extension will expire on September 21st,06. She is going to leave USA on September 10th,06. Our question is: looking at the fact that when she goes to her visa appointment at the foreign consulate she would not hold any type of visa. We know that there is a small chance to get a denial for the H1 visa. Then is there any way she can come back here in US. We have not filed any green card application for my wife yet because of the long filing and respond time (4-5 years). We are very concerned and although we have a lawyer I would definetely like to hear your comments on this.

Also while filling out the form DS-156 is being married with green car holder is a disadvantage or advantage?

Thanks very very much for your time and expertise.

Regards,

Murat

Answer
If she gets denied she probably will be stuck over there. Being married to a green card holder is a slight disadvantage because it shows her intention to live permanently here. H-1s can have dual intent but it will raise a slight flag.

Regards,

Robert

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