Planning a status change

Mrs Walker-Huntington,

Good Morning.

I have a question and would really appreciate if you could shed a little clarification on the matter for me, please.

I am planning a change of status from a worker (H1-B) to a Permanent Resident pretty soon. However, I may end up getting married to my fiancé before my status gets changed.

Will I have to repay the fees over again when I get married or what is the process? And, if I find another job and decide to move, will that company also have to redo a new H1-B?

My brother suggested going home (Jamaica) and applying for a 10-year visa.

Is this wise, will it mess up my H1-B, and would I even be able to live and work in the states with the 10-year, if granted?

Thanks so much for your time and attention. I hope to hear from you soon.

Regards.

T.D.

Dear T.D.:

If you are on a H1-B visa (temporary worker), you are in the United States to work for the employer who filed the H1-B visa on your behalf.

Your visa would have the name of your employer on it and the visa is valid for three years. If you leave this employer, your new employer would have to file to transfer your H1-B visa.

Your employer may agree to file for permanent residency on your behalf through a process called Labor Certification. At the end of this process, you would receive a Green Card and be free to work for whomever you choose. Employers are not always willing to do a Labor Certification for an employee because at the end of the process the employee can leave the job after the employer has invested time and money in training them and in the legal process.

If you know that you are going to marry your United States citizen fiancé shortly, then it would not be in yours or your employer's best interest to begin the Labor Certification process. The fees would not be refundable or transferable. Additionally, it may benefit the employer to file a Labor Certification for another deserving employee who has no other avenue to permanent residency in the United States. You should have a heart to heart talk with your employer before they spend funds on legal and filing fees on your behalf.

When you marry your United States citizen fiancé, she can file to change your status from a H1-B worker to that of a permanent resident. That process should take the same as any adjustment of status and on average takes about six months. There is no need for you to return to Jamaica and apply for a visitor's visa (10-year visa). With your H1-B you are legally allowed to live and work in the United States and to travel in and out of the United States as often as you want. Therefore, there is no need for you to apply for a visitor's visa. You are not able to live and work in the United States on a 10 year visitor's visa.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practices in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Email info@walkerhuntington.com