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ChuckNTeresa
05-15-2010, 03:19 AM
This is a question for my in law parents. They have been working in the U.S. for the last 6 years under an H1B. Now they are unable to renew their H1B and are facing going back to Mexico in 5 months. Is there anything they can do to extend their stay or apply for another Visa. Can they become naturalized with N400 ? My wife and I would hate to see them go back to Mexico. Please help any insight will be helpful. Thanks Chuck and Teresa.
Los G
05-15-2010, 04:55 AM
This forum is probably not the greatest place to find info on employment-based visas, but you know we'll sure try. :D
Have they seen an employment-based immigration lawyer?
What are their jobs? They might be eligible for TN visas...
Have their employers filed for labor certification or I-140s?
How long until your wife is eligible to naturalize? I have a feeling their best shot is to be petitioned by your wife...
ChuckNTeresa
05-15-2010, 01:44 PM
Thank you so much for the insight. My wife is not eligable to naturalize for another year. as we married on a K1 visa and we dont remove conditions till Feburuary 2011. So we praying that something happens in the next 5 months. Again Thank you and we will keep you posted. Chuck and Teresa
discoviking
05-16-2010, 04:00 AM
Can they become naturalized with N400 ? No from an H1B, no. They would have to become permanent residents first, H1B is a non-immigrant visa. . If their employer is willing to sponsor them, they should be able to extend the H1B during the process of applying for permanent residency.
Coventrated
05-16-2010, 05:10 AM
I believe if the employer is not willing to sponsor him then they would need to stay out of the US for 1 year before seeking another H1.
annasttasiaaa
08-04-2010, 05:40 PM
chuck there is one more thing that may help them to extend their stay till they find some one to sponser them for GC which is recapturing the time they have been out of the US. That would be any time from one day to whatever that they were traveling outside of the US. they can add up the duration and recapture it. they would need a proof such as stamp in their passport or their tickets to back up their claims.