Beaumont, CA Immigration Law Firms & Lawyers

More information is needed. Do you work for your L1b employer? Do you have paystubs to prove it? If so, then you can file for a change of status to H1-b in April. However, you must remain in the U. S. unless you qualify for consular processing. Otherwise, you can be barred from getting the new H1b visa stamp. The L1b visa stamp is for the purpose of 'entering the U. S.' As long as you stay and remain employed in valid L1b visa status, you may apply for a change of status to H1b. However, you may not begin begin work in H1b status until October 1, 2013. I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before you do anything. It is unclear whether you or your employer is disqualified from getting an H1b visa. It is extremely expensive to file for an H1-b visa only to be denied. Many are denied.

It will depend on the exact felony and misdemeanor charges and convictions. Some convictions will make him deportable, some inadmissible and others have no immigration consequences at all. Without knowing exactly what he was convicted of, it is impossible to give you an accurate answer. I suggest that your boyfriend contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his criminal history.

As a B-2 visitor, you normally have to maintain legal immigration status in order to be eligible for adjustment of status. However, there is an exception to the rule if you are the spouse of US citizens. Thus, as long as you are married to a US citizen, you are still eligible to apply for adjustment of status despite overstaying and falling out of status.