Crystal Springs, FL Immigration Law Firms & Lawyers

U. S. Immigration generally has little interest in stopping people from leaving this country. Unless you are a person of significant interest, you would be allowed to leave. At most, individuals leaving the country are sometimes required to show that they have paid taxes (sailing permit). 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.

Individuals who enter the country legally like your husband and marry US citizens are allowed to adjust status to permanent residence even if they are no longer maintaining their legal nonimmigrant status. In an interview, the focus will be upon whether you have a bona fide marriage rather than on whether he has maintained his F-1 status.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.  

Thanks for you inquiry. My recommendation to you is that you find a qualified attorney to review your case and advise you. The deal is that a "cap subject" H1-B will not be available with a start date any earlier than October 1, 2012. So if your B-1/B-2 status will expire prior to that time, I would very very cautious about filing a request to extend your tourist status and then change to an H-1B. USCIS has a number of "funny" interpretations about the meaning of maintains lawful non immigrant status following the expiration of one's Form I-94 and while an application for extension of status is pending. What the legal jumbo jumbo means is that you absolutely, positively need to make sure that you take the appropriate steps at the right time. Securing the "cap subject" H-1B is one issue. Making sure that you keep your status current or otherwise plan travel to use the H-1B correctly is something quite different. I cannot stress enough the importance of finding someone who can correctly advise you and make sure that you not only capture the visa, but are around to use it. This is one of those issues where a competent attorney is worth the price. Handle this incorrectly and you are looking at a world of trouble. Not trying to scare you, trying to send a little experience your way to make sure that you end up on the right side of things. Good luck.