Mountain View, CA Immigration Law Firms & Lawyers

You do not state whether the amendment in 2019 extended the H-1B validity past July 2021. I will assume for purposes of your question that it did and that the H-1B approved petition is valid after October 2021. The fact that you never traveled to the US using your current H-1B approval does not preclude the fact that you can enter the US with the prior visa until July 2021 showing your current H-1B petition approval. Once you are in the US, you can continue to work for your cap-exempt organization until the expiration date that is indicated on the I-797 approval sheet. (This answer does not take into account any restrictions imposed by the Trump administration on travel which we assume will soon be erased by the incoming Biden administration). 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.

If your marriage is bona fide, then she is his legal step mother. For this reason, she can sponsor him for his own case. Make sure that she gets his case analyzed by a competent immigration attorney to ensure there are no other issues in his case. Again, if the court makes a finding that your marriage is fake, then she can't sponsor him.

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. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.