Urgent - Green Card (Financee H-1B Expiring)

H

helper008

Registered Users (C)
I am on a Green Card and am based in USA. My fiancee is on a H-1B visa and her H-1B is expiring early next year (she has not applied for Green Card with her employer). I have completed 2 years on Green Card and am not even close to Citizenship. What are her options in these circumstances to maintain her valid immigration status in USA?

Can she come on a V Visa?
Can she convert to a F-1 visa as student?
Can she extend her H-1B visa in any way?

I would appreciate some help and direction from Gurus.

Regards
 
I am on a Green Card and am based in USA. My fiancee is on a H-1B visa and her H-1B is expiring early next year (she has not applied for Green Card with her employer). I have completed 2 years on Green Card and am not even close to Citizenship. What are her options in these circumstances to maintain her valid immigration status in USA?
She will have to maintain a valid non-immigrant status until her immigrant visa petition is approved, her priority date is current and she files for adjustment of status.

Can she come on a V Visa?
To be eligible for V visa an immigrant petition I-130 should have been filed on or before Dec 31 2000 and is pending for 3 or more years. I don't think this option is available to you.
Can she convert to a F-1 visa as student?
Could be difficult since it is difficult to prove no immigrant intent when spouse id a GC holder.
Can she extend her H-1B visa in any way?
If she has not completed 6 years in H1 and has a job, then she can extend it. Otherwise it is not possible.
 
Re: Re: Urgent - Green Card (Financee H-1B Expiring)

Originally posted by nkm-oct23
If she has not completed 6 years in H1 and has a job, then she can extend it. Otherwise it is not possible.
Click to expand...

I think this was posted somewhere else also, but since the appln. for GC is not done (assuming labor and the following 140 is not applied), the extension after 6th yr. cannot be done
Thx

alren
 
Recommend your fiance's company file for her labor immediately ( RIR/non-RIR doesnt matter). A year after that she will be able to extend her H-1 in one year increments - it wouldnt matter that she was out of the country by the one year timeline.

Worst case she would be out of the country for a few months, and then she can come back on extended H-1 and keep extending it until either she gets her labor approved or you complete the time required to file your citizenship or (lowest probability) Congress acts to ease V visa restrictions.
 
You must log in or register to reply here.
Top