Laredo, TX Immigration Law Firms & Lawyers

Without any problems, the 9089 PERM labor certification process takes approximately 8 months. Generating a receipt for the I-140 takes approximately 3 weeks. Unfortunately for you, receiving a receipt for the I-140 does not keep you in legal nonimmigrant status. Unless you are also able to file for form I-485 adjustment of status, you would be effectively out of status once you drop out of school. You would then be ineligible for change of status to H-1B although you could conceivably have the petition approved and pick it up outside the US. I also note that even if you were able to file for I-485 adjustment of status, that action would place you in a quasi legal status and not legal nonimmigrant status. You would still then be ineligible for change of status to H-1B and again have to pick it up outside the US.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.  

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Did the immigrant marry in good faith or was it for immigration purposes only? I strongly suggest that the immigrant contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding his/her situation. (S)he would then be in a better position to analyze their case, and advise them of their options.

Usually, the more often that you try to enter the United States the less likely that immigration will allow you in, because they will begin to suspect that you have the intention to stay in the US permanently, unless you can prove to their satisfaction that you have a legal and valid reason to enter and that you will return after your authorized stay.