Brunswick, GA Immigration Law Firms & Lawyers

Although it is not clear from your question, it sounds like you are a U.S. citizen who petitioned for your husband to become a Conditional Resident (holder of a so-called "two-year Green Card") based upon his marriage to you; it is approaching the time within which a Petition to Remove Conditions must be filed; and although you previously testified that you and he were living in a bona fide marriage, your marriage has encountered problems and you now suspect that your marriage was not genuine but instead was a fraudulent attempt to gain immigration benefits. If those details are correct, then be aware that upon a divorce a Conditional Resident still can succeed on his/her own with a Petition to Remove Conditions. In that case, however, the Conditional Resident will need to request a waiver of the usual requirement that both spouses file the case together, and will need persuasive documentation to show that the couple lived together in a bona fide marriage notwithstanding that it ended in divorce.

You should not rely upon immigration legal advice you find in posts and blogs but instead you should reply only on immigration legal advice you receive from an immigration attorney who is thoroughly familiar with your situation, including history of applications. That said, it indeed is legally permissible to apply for a change of status from L1 to H1B.

Generally, a Permanent Resident who has been absent from the U.S. for fifteen years should expect to be treated as if he/she had abandoned his residence in the U.S. and consequently abandoned his Permanent Resident status. Having a Social Security Number does not change this.