Fresno, TX Immigration Law Firms & Lawyers

As you presently have H-1B status and are contemplating a move to a different employer who will undoubtedly sponsor you for a new H-1B, you can transfer to the new employer upon obtaining a receipt of the new H-1B filing. The difficulty that you may have is the same as everyone who takes advantage of this rule since you will have left the approved employment for new employment which is not yet approved. If the H-1B transfer petition is denied, you would be out of status. If your new employer sponsors your green card process, you should not have to worry about the period of time that you received an RFE on your L-1B petition. After all, U.S.C.I.S. did approve your initial H-1B petition.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.  

Generally speaking, yes, you can petition for a fiance or spouse if you have a criminal record. There may be some problems based on the nature of the conviction, specifically if it has to do with child abuse. Please review this information and call me to discuss the details of the case. Thank you.

As you are currently out of status, you will not be eligible for a change of status. If your mother is an H-1B and you are a minor, then you can apply for the visa at your home consulate; but you cannot file from the U.S. Your visitor visa (if you have one) is cancelled by operation of law due to your overstay. You certainly should leave the U.S. before you are out of status for 180 days (about 6 months) from the date of your B-2 I-94 expiration. If you leave before then, you will not be subject to the 3-year bar. You will need to explain why you overstayed and you must not have otherwise violated your status. Please call and I will explain your options. Thank you.