Palatka, FL Immigration Law Firms & Lawyers

Hello. Since your husband entered without inspection he would have to leave the country to obtain his visa at the US Consulate. If you are a US citizen and will suffer extreme hardship if your husband is seperated from you he may qualify for a waiver where, if approved, he would only be out of the country for a few days. If not then he can apply for a travel permit through his DACA and if approved he may be able to receive his permanent resident status in the US. Please call my office for a free consultation and I'll be glad to further evalute your husbands case and offer the best course of action. Samuel J. Zermeno, Esq.

Yes.  H1B visas are dual-status.  That is, they can be treated as immigrant or as non-immigrant visas.  In this case, because you are in F1 status, the H1B application will be treated as a non-immigrant visa change of status application.  You would not risk losing your student status just for applying.  Of course, once the change of status application is approved and your H1B employment begins, you would in fact lose your F1 status and switch to H1B status, but that is the point of the application.

There are several waivers to the joint filing requirement on the I-751, including marriage in good faith ending in divorce, spousal abuse, and extreme hardship. Timing and proper filing are very important in these cases, as is thorough documentation.