Springfield, NJ Immigration Law Firms & Lawyers

You did not say how she got her green card. There might be an opportunity to have derivative status. For example, if she got her card through an American citizen brother. But there is no such derivative status if she got her green card from her US American daughter, for example. If you do not have any derivative option, she will have to file for you, and this might take 5-6 years depending on visa availability and your country of birth. I would need more facts for a better answer. However, I hope this helps and puts you on the right track.

It sounds like you can file the I-130/I-485 and make a simultaneous filing. If you husband entered the U.S. without inspection then he may have to do a Provisional Waiver. There are many nuances to doing a case like this (especially if your husband is out of status). You may want to consider engaging a competent immigration law professional who would be able to assist you with regard to this matter.

Where an individual has an H-1B filed on his or her behalf which states that the petition is for consular processing and not for change of status, the cap gap extension does not apply. Your college was wrong in informing you otherwise. It would not appear to be contrary to the rules for you to request a STEM extension under your circumstances. If the H-1B is approved and the petition was marked for consular processing, you would not receive a change of status. For the H-1B to go into effect, you would have to go outside the US for a visa interview and stamping. While cap gap extension should technically not apply in your case, a valid one will continue to be valid during the course of an RFE response up to the ending date of every cap gap extension, September 30. 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.