Immigration Issues/H1B

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Question
Dear Ajay,

I am a greencard holder for 15 months now. My girlfriend has an H1B visa and she is currently working. Her visa will expire on 2007. If I marry her, do you think I can sponsor her to become an immigrant like me or convert her h1B and we both can apply for US citizenship someday? How long is the conversion then after we get married? We are both in the medical field.

Thanks.  

Answer
Dear Pec,

You can file a petition for alien relative for your girlfriend (once you marry her), but this will not allow her to adjust status. She will be in the family 2nd preference category (F2A) and it takes several years for a visa to be available in the category. Therefore, she should plan on maintaining valid nonimmigrant status (such as H-1B) in the U.S. until adjustment of status can be filed. The following webpage from out website is helpful:  http://www.h1b1.com/sponsor.htm

She will be an immediately relative once you become a U.S. citizen, and her adjustment of status can therefore be filed immediately once you become a citizen. However, you cannot apply for citizenship until you have been a green card holder for 4 years and 9 months.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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