Legal Question in Immigration Law in Texas

Hi,

My husband came to US in October 2008 on H1 B visa status. Right now he is out of status but this visa is still valid for September 2011. I am on H4 visa status and now i am getting offer for employment opportunity in US. During the process of changing my H4 to H1B visa status will UNISCO check my husbands H1B record before approving my H1 B?

My question is that will my husbands not being in status can create a problem for me to get the H1 B approval..

Please reply as soon as possible.. I will appreciate... thanks


Asked on 8/04/10, 11:06 pm

2 Answers from Attorneys
Charles Medina Law Office of Charles Medina

Yes. Your status depends on your husband's H-1B status. USCIS might ask for proof of your husband's valid H-1B status (i.e. paystubs). 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.

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Answered on 8/09/10, 11:15 pm
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The USCIS will expect recent pay stubs from your husband's employer to be attached to the H1B petition filed by your employer. If these pay stubs are not attached, the H1B petition is still approvable but you will probably not be granted "change of status" and this could result in obtaining H1B visa stamp in a U.S. Consulate in your home country.

I recommend calling our law firm at 212-268-3580 during business hours,or email [email protected] for additional guidance.

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Answered on 8/10/10, 4:31 am


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