Legal Question in Immigration Law in California

H4 to GC status change

Hi,

My H1 is expiring in March 2003 and my 6 years term on

H1 and I will be brining my husband soon on H4. My GC was filed in Dec 01 but no news of LC approval yet. If my husband leaves US before March 2003. How will he be able to come back to US again ? Can I do the adjustment of status for him from H4 to GC even if he is not in US ? Is there any length of stay requirment for him to be qualified for GC ?

Thanks a lot


Asked on 4/30/02, 9:38 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: H4 to GC status change

H-4 dependents can travel and come back in as long as the H-1B principal is still in H-1B status. The adjustment application can take more than a year, but when the six-year H-1B status expires in March 2003, one can get a one-year extension until the adjustment is approved.

If the husband is overseas at the time of the adjustment interview or when the adjustment is approved, he will have to get an immigrant visa at the US consulate in the home country. Consulate processing is a separate procedure and can take several months. If husband was included in the adjustment, then he will also receive approval or interview at the same time as the principal. As long as one is a legitimate spouse, he or she can receive the green card based on the principal's application.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after a client-attorney relationship has been expressly established.

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Answered on 4/30/02, 11:10 pm


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