Legal Question in Immigration Law in New Jersey

i am a green card holber

I am a green card holder and am engaged to be married to a consultant who holds an H1-B visa. Due to the recession he doesn't have a project right now. I wnated to know:

1. How long can he stay in the US without a project but with a legal status?

2. If he does go out of status can we get married and still stay in the US?

3.Does the situation change if I am a US citizen?

4. Please advice if we require legal counseling in this regard.


Asked on 5/13/03, 3:03 pm

5 Answers from Attorneys

Deborah Frankel Deborah Frankel

Re: I am a green card holder

1. How long can he stay in the US without a project but with a legal status?

Answer: When he is without a project and if he is not getting paid then he might be considered out of status.

2. If he does go out of status can we get married and still stay in the US?

Answer: YES

3.Does the situation change if I am a US citizen?

Answer: YES. The situation is much better.

4. Please advice if we require legal counseling in this regard.

Answer: YES

I would be happy to assist you with this case, along with my colleague, Allen E. Kaye, Esq.,

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]

My (Deborah Frankel's) website URL: http://www.3dsight.com/law-office/

Another lawyer that can help: 212 925 6688. Francis C. Berger

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Answered on 5/14/03, 9:18 am
Jason Hsu Una Law Corporation

Re: i am a green card holber

Briefly, your answers are as follows:

1. As long as he is in legal status and his employment was not terminated, he can legally stay in the U.S. Upon termination, the employer is responsible for the costs of his return to his country.

2. If you plan to marry, you should file said paperwork to change status soon.

3. If you were a U.S. Citz. the preference category would change.

4. You could definitely benefit from legal counsel and I would suggest as much.

We can likely assist you with your case; however, we would have to gather more information regarding the facts of your case to evaluate your case thoroughly. Please contact us or email us at www.unalaw.com if we can be of further assistance.

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Answered on 5/13/03, 3:16 pm
Nora Milner Milner & Markee, LLP

Re: i am a green card holber

There are a lot of issues here which really require a private consult to sort out. The H-1b does not continue valid if the individual is out of work in that visa and thus, is here unlawfully. I strongly recommend you meet with qualified immmigration counsel to review this case in depth.

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Answered on 5/13/03, 3:25 pm
Myron Morales Lee Lane Smith LLP

Re: i am a green card holber

Once you marry, she can get an EAD and you won't have to worry about maintaining the H-1B. Please feel free to contact me at [email protected] if you have additional questions.

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Answered on 5/13/03, 5:03 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: i am a green card holber

After you get married you have to file the spousal petition...then when his I-130 gets approved...I-485 has to be filed for his adjustment. You should get married ASAP...file for his petition...then as soon as you get your citizenship he will be at a higher preference category..apply for his adjustment. I have some potential employers for H1 B. He needs to stay here on a vaild visa..while waiting to be approved and adjusted.

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Answered on 5/13/03, 10:32 pm


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