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AV Preeminent Peer Rated Attorneys
Haskell Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Haskell Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 187 Speedwell Ave., Morristown, NJ 07960

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  • 69 Jefferson St., 2nd Fl., Hoboken, NJ 07030

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  • 158 Linwood Plz., Ste. 211, Fort Lee, NJ 07024

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  • 140 Sylvan Ave., Ste. 203, Englewood Cliffs, NJ 07632

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  • 76 South Orange Avenue, Suite 104, South Orange, NJ 07079

  • 6121 Kennedy Blvd., North Bergen, NJ 07047-3418

  • 51 John F. Kennedy Pkwy., 1st Fl. W., Short Hills, NJ 07078-2713

  • 591 Summit Ave., Ste. 211, Jersey City, NJ 07306

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Commonly Asked Immigration Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can I marry someone who doesn't have immigration papers?

Answered by attorney Alena Shautsova
Immigration lawyer at Law Offices of Alena Shautsova
You can marry someone as long as you divorce you first spouse prior to the second marriage. You will likely need to prepare well for the immigration.
You can marry someone as long as you divorce you first spouse prior to the second marriage. You will likely need to prepare well for the immigration.

Can I apply for change my i94 status to work on H1b visa?

Answered by attorney David H Nachman
Immigration lawyer at NPZ Law Group
In general when an individual is in the U.S. and they petition for an H-1B then they are granted a change of status to H-1B and they get a new I-94. If your company did not ask for a change of status then you likely received an approved H-1B but you did not get the new I-94. If you leave the U.S. you will have to go for a stamping to return in H-1B status. You may be able to use the B-1/B-2 to effectuate an entry (assuming that the visa stamp is till valid) but then you will not be able to go on the payroll of the U.S. company. The best thing to do if you leave on a trip is to plan to do your stamping at a U.S. Consulate Office abroad. You can do this either in your home country or in e thir-country. If you do it in a country other then your home country the process is called TCP or Third-Country Processing. Often these cases are placed under Administrative processing unless you have a good reason why you are doing the TCP process.
In general when an individual is in the U.S. and they petition for an H-1B then they are granted a change of status to H-1B and they get a new I-94. If your company did not ask for a change of status then you likely received an approved H-1B but you did not get the new I-94. If you leave the U.S. you will have to go for a stamping to return in H-1B status. You may be able to use the B-1/B-2 to effectuate an entry (assuming that the visa stamp is till valid) but then you will not be able to go on the payroll of the U.S. company. The best thing to do if you leave on a trip is to plan to do your stamping at a U.S. Consulate Office abroad. You can do this either in your home country or in e thir-country. If you do it in a country other then your home country the process is called TCP or Third-Country Processing. Often these cases are placed under Administrative processing unless you have a good reason why you are doing the TCP process.
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Green card expiration

Answered by attorney Alan Lee
Immigration lawyer at Alan Lee Arthur Lee, Attorneys at Law
Your question is a toughie, but I would side with those who think that you would not need to file for a replacement of the green card. Under immigration rules, an individual with a green card expiring within six months prior to filing for naturalization should file for a replacement green card. In your case, the time from mid-March to August is five months, and so technically you should file for the replacement card. That being said, U.S.C.I.S. in Newark is scheduling naturalization applicants approximately 5 months from the date of filing. So there is a good possibility that you may have a valid green card on the date of interview. I also believe that most examiners would understand and not attempt to penalize you for not complying with the rule even if the card expires prior to the date of interview.
Your question is a toughie, but I would side with those who think that you would not need to file for a replacement of the green card. Under immigration rules, an individual with a green card expiring within six months prior to filing for naturalization should file for a replacement green card. In your case, the time from mid-March to August is five months, and so technically you should file for the replacement card. That being said, U.S.C.I.S. in Newark is scheduling naturalization applicants approximately 5 months from the date of filing. So there is a good possibility that you may have a valid green card on the date of interview. I also believe that most examiners would understand and not attempt to penalize you for not complying with the rule even if the card expires prior to the date of interview.
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