Temple, TX Immigration Law Firms & Lawyers

I believe that you would have a hard time convincing U.S.C.I.S. that it owes you another 6 years of H-1B status when your current H-1B expires in December 2014. Immigration may well believe that you cannot have your cake and eat it too – that is, benefiting from the full extent of your current H-1B and then asking for another 6 years just because you left the States for over a year during the time of your current visa status. There is more likelihood that U.S.C.I.S. would inform you that you made a choice in 2011 as to whether to return on your current H-1B or to attempt to obtain a new cap H-1B at that time. You can of course continue H-1B status under your current H-1B petition past 6 years under certain conditions such as it being 365 days from the time that a labor certification application has been filed or that an I-140 petition has been approved on your behalf. The other alternative is for you to return overseas for a year prior to applying for another H-1B visa. 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 you are a U.S. citizen, you can sponsor your wife-to-be for a green card, as long as she entered the country with permission. If she is now in overstay status, this typically won’t be a problem. It’s important to work with an attorney to ensure all paperwork is filed correctly to avoid mistakes. A reasonable flat fee for this process should not exceed $2,500—anything higher may be excessive. You can retain an immigration attorney from anywhere in the U.S., as they handle cases nationwide and globally. When will you turn 18? 

If he does not have a valid nonimmigrant status, he is deportable. If you marry him and file for him, then he may be able to get his permanent residence here in the US. He may need to adjust status in immigration court. There is a higher burden of proof for the validity of the marriage if you marry in deportation proceedings.