can my husband's status affect my H1B?

[Ayla]

Hi, I'm applying for H1B at the moment after receiving Master's and working under OPT for a year. I have never been illegal and work for an organization without the quota. However, my husband does not have a legal status. He has been illegal for over 5 years, actually.

Will that effect my chances of getting the visa?

 

[ginnu]

Hi,

I'm applying for H1B at the moment after receiving Master's and working under OPT for a year.
------------ Advanced Degree H-1B Cap Retroactively Reached: 07/26/2006
how you will able to file now???
I have never been illegal and work for an organization without the quota.

However, my husband does not have a legal status.
---on what status he entred US? when? did anybody apply LC for him in 2001 under 245(i)
He has been illegal for over 5 years, actually.

 

[Ayla]

Hi, sorry if I was not clear enough the first time around. The organization I am working for is not under the quota requirement, so we can file now. My husband has first entered on an F-1 visa, I believe. Has never filed anything.

 

[GotPR?]

you must talk to lawyer.
Since F1 comes with D/S on I94, it's not as simple as the case overstaying on other type of visa.

As for your H1, PROBABLY his illegal presence won't affect your H1, but he most likely won't get H4.