Legal Question in Immigration Law in New Jersey

wife on h1 but no job, her h1 is there till jan 2005, will it be a problem for m

I applied GC in Dec 2003.

My self and my wife both are on H1. My wife lost her

job in sept 2003 and her H1 is valid until jan 2005.

When I am applying the GC I noted that my wife is on

H1. My wife is searching for job now and she is not

getting job. Will it be problem for my Labour/140/485.

if she doesn't have job.(I heard that one of my friend

paid $1000 in such kind of situation. But i came to

know now rules have changed and we can't do like that)

Please let me know what to do.


Asked on 1/07/04, 9:29 pm

3 Answers from Attorneys

Deborah Frankel Deborah Frankel

Re: wife on h1 but no job, her h1 is there till jan 2005, will it be a problem f

I consulted my colleague, Allen Kaye, a New York immigration attorney, and he advises as follows:

No problem for him. Could be a problem for her in adjusting her status in the US to permanent resident. She may have to pick up her immigrant visa overseas. He can get it here. Suggest that they call me to schedule an appointment to discuss their cases.

You can contact my colleague Allen Kaye, at:

111 Broadway, 13th Floor

New York, New York 10006

Phone: 212-964-5858 Fax: 212-608-3734

Cell Phone: 917-699-7159

Email: [email protected]

Let me know if I can be of further assistance.

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Answered on 1/26/04, 10:43 am
Hamel Vyas Bagia&Associates

Re: wife on h1 but no job, her h1 is there till jan 2005, will it be a problem f

Have you attempted to switch her over to H-4 status? You should contact a lawyer immediately to explore how you can maintain her status. Good luck!

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Answered on 1/08/04, 11:31 am
Linda Allen Law Offices of LInda M Allen

Re: wife on h1 but no job, her h1 is there till jan 2005, will it be a problem f

Thank you for your inquiry. As your wife is no longer working for the company that sponsored her H-1B visa she is out of status. You can apply for H-4 status but she will need to leave the US and pick up her stamp at a US consulate before she re-enters on the H-4. Please feel free to contact me to discuss the same at 619.233.0900.

Sincerely,

Linda Decker

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Answered on 1/08/04, 12:25 pm


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