Commerce, GA Immigration Law Firms & Lawyers

Present law allows you the opportunity of either recapturing the time that you have left on your initial H-1B or applying for new six-year H-1B subject of course to the H-1B cap unless you are being petitioned for by a cap-exempt institution. In order for you to recapture, an employer would have to file for your new H-1B and the burden of proof would be upon you to show that you did not use up all 6 years. 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

Generally, a naturalized U.S. citizen age 21 or older may sponsor a parent to adjust status to become a Permanent Resident in the "Immediate Relative" visa category, and may do this notwithstanding that the parent entered the U.S. lawfully and with inspection but then overstayed an initial visa. Of course, there are many other details that relate to immigration eligibility. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals - naturalization for you and adjustment of status for your mother and who then could offer legal representation in the often complex application process.