Bridgeton, NJ Immigration Law Firms & Lawyers

There is no time requirement. The quicker you remarry the more scrutiny the new marriage will receive. You should hire an attorney to help with the proofs.

You have not mentioned that you filed an I-485 application to adjust status and so I will assume that you have only an I-140 approval. With the I-140 approval, and assuming that the I-140 priority date has not been reached, you can file a new H-1B petition with company B and the company can request three years for your employment. You are also entitled to the priority date of the approved I-140 in most circumstances if company B decides to sponsor you for your immigration. The risks are the common ones of whether your future job is sufficient to secure H-1B approval and a future I-140 approval and whether U.S.C.I.S. or an American consulate officer will continue to recognize the I-140 approval in the future if you have further H-1B transfers or require an extension of your H-1B from company B.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.  

We handle matters like this for our clients all of the time. It is important for our office to do an analysis of the options that are available for you. You are likely to be able to file for a waiver if you are divorced from your wife.