Athens, TX Immigration Law Firms & Lawyers

I do not believe that anything would happen to you or your status if the H-1B does not go through for you. You would still retain your TN status. On the question of travel, it depends upon how your employer is applying for your H-1B visa – is he/she asking for a change of status in the U. S. or for processing outside the country? The rule on change of status is that any travel outside the U. S. while the application is pending voids the change of status part of the H-1B application. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    

You can petition for him, but whether or not he can apply in the US or needs to apply in his home country depends on several factors. Where is he from? How did he enter the US? Did his parents ever have a case filed for them prior to April 30, 2001? Any other immigration violations? Any criminal arrests, charges or convictions?

3 years from the date your green card was issued, if you received your green card through marriage and are still married to you U.S. citizen spouse. Otherwise, 5 years from the date your green card was issued.