H1-B Visa ( which expires on july,25th 2013)holder is married to a GC-Holder...

[HelmutKaschitz]

What is the name of your state (only U.S. law)? Colorado

I'm currently on a H1-B visa which expires on July ,25th 2013 and I'm married to GC-Holder since September 2012. What do I have to do , to be in a legal status after my Visa expires...?
I really appreciate all the answers..
Helmut

 

[OHRoadwarrior]

Renew your H1-B visa.

 

[LdiJ]

What is the name of your state (only U.S. law)? Colorado

I'm currently on a H1-B visa which expires on July ,25th 2013 and I'm married to GC-Holder since September 2012. What do I have to do , to be in a legal status after my Visa expires...?
I really appreciate all the answers..
Helmut

Please ignore the previous poster....I don't think that he even knows what an H1-B visa is.

You would be best served by getting a consult with an immigration attorney. Since your spouse is a green card holder you should be able to change your status, but help from an immigration attorney would make a huge difference.

 

[OHRoadwarrior]

Please ignore the previous poster....I don't think that he even knows what an H1-B visa is.

You would be best served by getting a consult with an immigration attorney. Since your spouse is a green card holder you should be able to change your status, but help from an immigration attorney would make a huge difference.

Actually, what he may find, is he is banned for getting married in violation of the terms of his visa, overstaying and illegally working. Apparently he was exploring his options. Renewing his visa, before pursuing a change in status will likely give him time to do so, without incurring an illegal stay and illegally working. Apparently you are the one who does not know the purpose of the visa.

 

[naturalized]

Actually, what he may find, is he is banned for getting married in violation of the terms of his visa, overstaying and illegally working. Apparently he was exploring his options. Renewing his visa, before pursuing a change in status will likely give him time to do so, without incurring an illegal stay and illegally working. Apparently you are the one who does not know the purpose of the visa.

Here, I have to agree with LdiJ's statement saying you don't know what you are talking about. I am not in legal profession but I was an H1B worker and a highly sought after one for a long time and read/heard a lot about the issues surrounding this type of visa.

There are two obvious issues with your suggestion of extending his visa. First, you don't know the status of the original poster's H1B visa status when you are making "extend your visa" suggestion. H1B can only be extended once and people who hold this visa know this from the get-go. And nobody holding this highly coveted visa refers to it as "expiring" unless they are at the end of their second term.

Second and equally important point that you seem to have no grasp of, is, an individual who is granted an H1B visa, is not the holder of that visa. The holder is the employer of that person and only the visa holder can petition for the extension of the visa. And considering the corporations who hire H1B workers are not small time mom-n-pop shops, they all have good legal representation. And those legal eagles do not say that a person's visa is expiring, unless there is no chance for extending it.

And a word to Helmut, original poster of the message: since your wife is a green card holder, how far is she away from applying for US citizenship. Once a US citizen, she can petition for your permanent residency and then you can become naturalized citizen after a while, if you choose to do so. I believe you can stay in the US as a spouse of a permanent resident with another type of visa (can't remember the alphabetical mumbo-jumbo) but you can not legally work in the US with that visa. As usual, there are always workarounds, as you can imagine

 

[OHRoadwarrior]

This is a legal forum. As such, we do not encourage people to break the law. We attempt to give them guidance within the law. If OP has not addressed his desire to get his H1-B renewed, his employer may not realize that it is close to expiration. Thx for playing though.

 

[LdiJ]

This is a legal forum. As such, we do not encourage people to break the law. We attempt to give them guidance within the law. If OP has not addressed his desire to get his H1-B renewed, his employer may not realize that it is close to expiration. Thx for playing though.

Once again, you seem to have a reading comprehension problem. I suggest to re-read, and thoroughly the post again and then try to find another way to backpedal.

And what's this new "attempt to break the law bit"?

 

[OHRoadwarrior]

Once again, you seem to have a reading comprehension problem. I suggest to re-read, and thoroughly the post again and then try to find another way to backpedal.

And what's this new "attempt to break the law bit"?

If you cannot figure it out, your intelligence is even lower than you have proved it to be.

 

[betachains]

This is a legal forum. As such, we do not encourage people to break the law. We attempt to give them guidance within the law. If OP has not addressed his desire to get his H1-B renewed, his employer may not realize that it is close to expiration. Thx for playing though.

But, you don't know anything about the immigration law, or the H1-B visa. Why are you giving advice at all? How is the OP attempting to break the law?

 

[OHRoadwarrior]

But, you don't know anything about the immigration law, or the H1-B visa. Why are you giving advice at all? How is the OP attempting to break the law?

I was not referring to OP. I was referring to naturalized encouraging OP to break the law. " As usual, there are always workarounds, as you can imagine " I know quite a bit about immigration law. OP was looking for guidance on what he should do. Within the confines of the law, he should seek to have his H1-B renewed rather than incurring an illegal presence/overstay and illegally working. Sooner or later his employer will realize they overlooked the expiration and will likely terminate him anyway.

It is not the purpose of this type of forum to encourage law breaking. If he wishes to break the law and hire an immigration attorney, that is for him to decide. It is not for us to encourage. He may end up with a 10 year ban by doing so. I suspect there is no way he will get anything filed to attempt anything otherwise this close to his visa expiring.

 

[LdiJ]

I was not referring to OP. I was referring to naturalized encouraging OP to break the law. " As usual, there are always workarounds, as you can imagine " I know quite a bit about immigration law. OP was looking for guidance on what he should do. Within the confines of the law, he should seek to have his H1-B renewed rather than incurring an illegal presence/overstay and illegally working. Sooner or later his employer will realize they overlooked the expiration and will likely terminate him anyway.

It is not the purpose of this type of forum to encourage law breaking. If he wishes to break the law and hire an immigration attorney, that is for him to decide. It is not for us to encourage. He may end up with a 10 year ban by doing so. I suspect there is no way he will get anything filed to attempt anything otherwise this close to his visa expiring.

First, it was already explained to you that an H1-B visa can only be renewed once, and that no one speaks of an H1-B visa as expiring unless it has already been renewed once. Therefore, it has already been demonstrated that that is not a solution for someone whose status is changing due to marriage to a legal resident of the US.

There are many, perfectly legal workarounds to a temporary problem with status, and employment. Therefore your assumption that naturalized was encouraging the OP to break the law was an inappropriate assumption.

What the OP needs to do, which I have already recommended, is to consult with an immigration attorney.

 

[OHRoadwarrior]

First, it was already explained to you that an H1-B visa can only be renewed once, and that no one speaks of an H1-B visa as expiring unless it has already been renewed once. Therefore, it has already been demonstrated that that is not a solution for someone whose status is changing due to marriage to a legal resident of the US.

There are many, perfectly legal workarounds to a temporary problem with status, and employment. Therefore your assumption that naturalized was encouraging the OP to break the law was an inappropriate assumption.

What the OP needs to do, which I have already recommended, is to consult with an immigration attorney.

Aside from being here trolling, you are not helping OP much. If OP's employer obtained an H1-B for him to work almost 3 years ago, he came to the US and worked through the period period of the visa and it was expiring in July, it can then be extended for another 3 years. What you need to do is stop trying to nit pick and troll peoples assistance and actually attempt to help people. Still waiting to see the state statutes requiring a company prove it sent out invoices. I notice after you finally were backed up against the wall you slunk off out of that thread, as usual. So if you are so knowledgeable that there are so many workarounds that will prevent OP from going out of status and potentially being fired or working illegally, please tell OP what they are. That was the purpose of his thread after. It was not for you to harangue other posters. Time is running out fast.....