Earleton, FL Immigration Law Firms & Lawyers

Thanks for you inquiry. My recommendation to you is that you find a qualified attorney to review your case and advise you. The deal is that a "cap subject" H1-B will not be available with a start date any earlier than October 1, 2012. So if your B-1/B-2 status will expire prior to that time, I would very very cautious about filing a request to extend your tourist status and then change to an H-1B. USCIS has a number of "funny" interpretations about the meaning of maintains lawful non immigrant status following the expiration of one's Form I-94 and while an application for extension of status is pending. What the legal jumbo jumbo means is that you absolutely, positively need to make sure that you take the appropriate steps at the right time. Securing the "cap subject" H-1B is one issue. Making sure that you keep your status current or otherwise plan travel to use the H-1B correctly is something quite different. I cannot stress enough the importance of finding someone who can correctly advise you and make sure that you not only capture the visa, but are around to use it. This is one of those issues where a competent attorney is worth the price. Handle this incorrectly and you are looking at a world of trouble. Not trying to scare you, trying to send a little experience your way to make sure that you end up on the right side of things. Good luck.

If you requested advance parole at the same time that you asked for employment authorization from U.S.C.I.S., you would be allowed to travel on the EAD card as it would contain authorizations for both employment authorization and advance parole. If you only requested employment authorization, the card would only give you authorization for work and not travel permission. In that case, you would not be allowed to travel under the EAD card. 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.  

In response to your question below, since you are the sponsor your financial status is in question, not your husband. Therefore, it is imperative that you file your taxes to meet the government's requirements. There are many other requirements and additional forms that will need to completed, however, that you did not mention in order for him to obtain his residency in the US. If you would like to discuss this please contact me for a consultation.