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  1. #1
    Join Date
    Mar 2012

    Default Marrying and H1b Visa Holder

    hello, i want to know i was on h4 dependent visa a year ago because my dad got laid off the job so therefore now i am out of status and 19 years old, but i want to marry a guy who is not a citizen but he works in a good company. He has H1 visa to legally work and stay here in US. I was thinking is there anyway i could get my status back after marrying him, since he got H1 visa can i be in H4 dependent visa again. If not then what i can probably do? i am right now going to school and will be graduating from engineering school in 2 years. I seriously need an effective help and a complete answer about it... that what should i do about it?... i dont want to leave him... but i need to get back into status...what if his employer offers him a green card in a year?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Marrying and H1b Visa Holder

    A change of status is for somebody who has lawfully maintained her status in the United States. You seem to be suggesting that you're out-of-status and have been for a considerable amount of time (although you did not tell us how long). If the time is very short, I suggest consulting with an immigration lawyer about your situation and the chances of convincing the USCIS that you should be permitted to proceed with a change of status despite your overstay - I'm not optimistic but I'll let your lawyer sweat the details. Otherwise, you should expect to return home and, if you in fact marry the H1B visa holder and have not incurred a period of ineligibility due to your overstay, you can then seek to reenter on the H4 visa.

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