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H1 Visa limit reached, now what? H Visa

Discussion in 'Investment, Work Visa' started by GFR_, Aug 15, 2005.

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  1. GFR_

    GFR_ Law Topic Starter New Member

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    Hi, I was wondering if anyone had any thoughts on this.
    I had been dating my boyfriend for 3 years before I decided to pursue my studies in Germany (I am a dual citizen). We have continued our relationship long-distance over 2 years (total of 5 years this September) and decided to get married this April when I came for a visit. Thankfully my visit has been extended, so I have been with him here since April.
    He graduated from College and was working part-time on his "OPT" and the recently got a job offer from a company that tried to get him an H1 B visa. Today he was told that the quota for this year's H1 visas was full and they were going to have to decided wether they could still hire him based on the fact that he can only work legally until January 2006 (which is when the OPT expires). We had not planned on applying for a green card for him now, as I don't reside in the States year-round, though I do visit him as much as possible. He told the company that he was married to an american citizen, so they would not retract the job offer.
    I guess my question is, does the company have the right to retract the job offer even if he can get a work permit through me? Will there be a problem in the application process if I am not living with him year round? I do plan on moving back to the States as soon as my studies allow this!
    We have had some friends who were arrested and held for weeks without being formally charged, and my husband is afraid that this might happen to him, if the INS finds out that we don't live together year round.
    To make matters worse, we haven't told many people of our marriage (including out families, though some friends do know) because it is not acceptable in his culture to marry before being finacially secure. Will this be a problem?
    We don't have a problem "proving" our marriage is real. We have tons of pictues, as we have been together for 5 years...but what could possibly go wrong?
    Please advise!

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