Vineland, NJ Immigration Law Firms & Lawyers

Your query is quite complicated and may require that you obtain a waiver. You should contact a qualified immigration lawyer to explore the issue of "materiality" with regard to your misrepresentation and whether you may be able to qualify for a waiver.

As a general matter, it sounds like you are in valid status on an H-1B visa. You can apply for a green card now via your marriage to your wife. If married under two years when the case is determined, you will get only a two year green card that you can then extend later. It sounds like you are trying to wait until then to file, in order to get the ten year card. That is an option. Once you file for a green card in the US, you are given status under that. You are able to work on your H-1B as long as it is still valid and you don't violate any of the terms for that visa. At the same time, you apply for a work card that arrives 90 days after your green card is pending. You can then work on that as well.

USCIS may excuse late filings to extend non-immigrant status on form I-539 application to extend/change status under the following conditions: 1. The delay was due to extraordinary circumstances beyond your wife's control; 2. The length of the delay was reasonable; 3. Your wife has not otherwise violated her status; 4. Your wife is still a bona fide nonimmigrant; and 5. She is not in removal proceedings.  Hopefully the adjudicating officer will believe that the company's failure constitutes extraordinary circumstances if your wife submits the application.