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Immigration Issues/From H1B to Marriage now divorced...


No. I'm currently  working for another company.

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Question -
Hi there Mr. Hollander.

My has to do with a petition issue. I was approved a H1B visa back in 2004, I then got married to an american on August of 2005, then for personal reasons we got divorced on august of this year (we did not even go to the interview). Am I able to get back to my H1B status if my previuos employer wants to re-hired me (this is the same employer that originally hired me under this visa in 2004)? Do I have to leave the country right away?

Answer -
Have you worked for the company the whole time?



You could not do it without processing the visa aborad. If you stay here 180 days illegal you would be barred for 3 years from coming back. In addition, there is no H-1 left until 10/07 and you can not file until 4/07. I would leave as soon as possible and file for H in 4/07.



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Robert Hollander<B> Esq.</B>



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