Legal Question in Immigration Law in California

I'm currently holding a tourist visa. My Green card application is already submitted last month (June 2014). My husband is a green card holder. Question is: How can I secure a H1 visa so I could have a legal work here in California while waiting for my GC. Can my husband file an H1 visa for me? How can I secure SSN?


Asked on 7/10/14, 3:29 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

When you say your" greencard application was submitted last month", what form(s) was/were submitted? If you filed form I-130 only, then your status will expire once the B-2 expires & you will have to leave the country. If you filed form I-485, as well, then you will get a work permit, as long as you properly filed all the accompanying forms for the "adjustment of status" package.

There is a cap on the amount of H-1B visas permitted each year, so a U.S. employer could not petition you, assuming you qualify, until April 1, 2015, for an October 1, 2015 start date (assuming your case is accepted & approved).

Your husband cannot petition you for an H-1B visa, only a U.S. employer can, assuming you meet the other criteria.

You cannot obtain a SS# until you have legal authorization to work in the United States.

If you did not properly file your case, you might want to seriously consider hiring an experienced immigration attorney to do some damage control.

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Answered on 7/10/14, 4:55 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 7/10/14, 5:36 pm


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