Grapevine, TX Immigration Law Firms & Lawyers

Your husband's green card is deemed to have been abandoned due to his failure to remove the condition. You will probably have to petition him again for a green card. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

It depends if the company filed a change is status application or asks for Consular Processing. Generally, if you leave for a long period of time, such as you are proposing, the change of status will be denied, but the status could still be approved. Then, you would have to go to a Consulate to get the visa stamped into your passport. Then you would have to enter in H-1B status to begin work.

As you are a citizen of India, you should be able to have your visa interview scheduled in India even if your I-797 was marked to the US Consulate in South Africa. I note that as opposed to the advice that you received from the immigration officer at the port of entry, it is generally recognized that an individual can use a prior company's H-1B visa to enter the US as long as he or she bears the original I-797 approval form from the second company. 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.