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H1B Transfer Denied, Out of status and Marrying to a US Citizen

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  • H1B Transfer Denied, Out of status and Marrying to a US Citizen

    Hi,

    My friend got her H1B approval in 2011, and then she tried to transfer her H1B twice to two different companies, both got denied. (She had a bad shady lawyer because they would not give her a copy of the denial notice.) Her H1B expired in 2014 and she overstayed her visa (out of status) because she did not want to leave her boyfriend. Now they are planning to get married, I just wonder if the two times H1B transfer denials affect her adjustment of status? even though she doesn't know the reasons of her h1b denials, will that still affect her adjustment of status? I asked three lawyers, one said it might, two said it wont affect it. She entered the US legally and NO criminal record. They are such a lovely couple, I just hope she can finally get a green card and have a brand new life again.

  • #2
    Originally posted by laaaabiii View Post
    Hi,

    My friend got her H1B approval in 2011, and then she tried to transfer her H1B twice to two different companies, both got denied. (She had a bad shady lawyer because they would not give her a copy of the denial notice.) Her H1B expired in 2014 and she overstayed her visa (out of status) because she did not want to leave her boyfriend. Now they are planning to get married, I just wonder if the two times H1B transfer denials affect her adjustment of status? even though she doesn't know the reasons of her h1b denials, will that still affect her adjustment of status? I asked three lawyers, one said it might, two said it wont affect it. She entered the US legally and NO criminal record. They are such a lovely couple, I just hope she can finally get a green card and have a brand new life again.
    It is unlikely it will affect her AOS.

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    • #3
      H1B Transfer Denied, Out of status and Marrying to a US Citizen

      It should not affect her adjustment process. Like you said she entered the US legally and have NO criminal record.



      Not legal advice, use at your own risk.

      Comment


      • #4
        Originally posted by laaaabiii View Post
        Hi,

        My friend got her H1B approval in 2011, and then she tried to transfer her H1B twice to two different companies, both got denied. (She had a bad shady lawyer because they would not give her a copy of the denial notice.) Her H1B expired in 2014 and she overstayed her visa (out of status) because she did not want to leave her boyfriend. Now they are planning to get married, I just wonder if the two times H1B transfer denials affect her adjustment of status? even though she doesn't know the reasons of her h1b denials, will that still affect her adjustment of status? I asked three lawyers, one said it might, two said it wont affect it. She entered the US legally and NO criminal record. They are such a lovely couple, I just hope she can finally get a green card and have a brand new life again.
        Her boyfriend is a US citizen?

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by newacct View Post
          Her boyfriend is a US citizen?
          yes. He is a US citizen

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          • #6
            More than likely, this is a very straightforward adjustment case

            The only reason her previous change-of-status denials would be an issue is if they involved fraud. Otherwise, it will have no impact on her case

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            • #7
              Originally posted by inadmissible View Post
              More than likely, this is a very straightforward adjustment case

              The only reason her previous change-of-status denials would be an issue is if they involved fraud. Otherwise, it will have no impact on her case

              She had never change-of-status before, her previous denials were h1b transfer to another companies. So would that h1b transfer affect her?

              Comment


              • #8
                No, unless it involved fraud

                Comment


                • #9
                  Originally posted by inadmissible View Post
                  No, unless it involved fraud
                  Sigh.. she didnt know why she got rejected, the law firm refused to give her any copies of any notice. They helped her got her first H1B approval, then failed the following two times. Just hope there’s no fraud involved, so she can get her green card smoothly

                  Comment

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