Legal Question in Immigration Law in California

Your husband might change to F-1 or H-4 (if you are in H-1B). Once the new labor certification is pending for more than 1 year, your husband might change status back to H-1B.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

A person who has reached their six year cap without having had a labor certification (or I-140 petition) filed more than a year previously can change to another status, but he could not extend the H beyond six years or change to L-1 status which is also limited by time. Otherwise, he might be eligible for other status or permanent residence that didn't involve a labor certification. Whether he qualifies for another status cannot be stated without further detailed consultation to determine whether he meets the requirements for one or more other statuses.

The above information is general and not legal advice. It does not form an attorney client relationship. For further information, feel free to write me at [email protected] or call 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

Hello:

Depending on his experience, he may qualify for an O-1. This would be a great visa to cover the gap.