Legal Question in Immigration Law in New Jersey

Is AOS to H1B possible

I got married to a US citizen while on my H1b. Lost my job at the end of March but had already filed for adjustment of status. Currently having marital problems and will probably end with divorce before getting the greencard. My questions are: (1) I am using my EAD to work but can I still get/transfer my H1B (2) what are my options if I get a divorce before getting a greencard, I don't exactly want to leave the country


Asked on 9/03/08, 5:06 pm

2 Answers from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: Is AOS to H1B possible

This is a situation that you probably do not want to decide based simply on an internet reply. You may have options to get your green card (even after divorce) or return to H-1. You also have to consider transferability issues, possible quota issues and also the basis for divorce (if it was abuse that also could factor in). You certainly want to invest in a consultation with an experienced immigration attorney. If you would like to speak to me directly please email me and I will schedule you for a consultation ASAP.

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Answered on 9/03/08, 8:09 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Is AOS to H1B possible

You should be able to apply for a new H-1B if you have a new employer who is willing to sponsor you. There are no guarantees though that you will be able to remain in the US while doing so. With regards to your green card application, you may be able to salvage it depending on when you get divorced and the reason for the divorce. I recommend a consultation with an attorney to explore all of your options.

Please feel free to contact my office to discuss in further detail.

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Answered on 9/03/08, 9:43 pm


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