 ASK VISALAW.COM
My boyfriend will be coming to the U.S. to work for a German-owned company on an E visa. If we should later decide to get married (I am a US citizen by birth), is there any law that says he cannot stay in the U.S. and travel internationally for work while we file an adjustment of status? Will he still have work authorization? If so, under what visa status will his work authorization be?
After filing for adjustment of status, he can continue to work in the U.S. on his E visa or he can file for an employment authorization document (EAD). Before traveling abroad, he will have to apply for advance parole to avoid the termination of his pending application for adjustment. Note, however, that this requirement does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1 or L-1 status, or their dependents.
Is there a limit on how many H-1B visas an employer can sponsor? If there is no limit, can a company have 100% of its employees working under H-1B visas?
While there is no statutory limit on the number of H-1B visas an employer can sponsor, the INS does scrutinize the financial history of the H-1B sponsoring employer to make sure the employer has the financial resources to pay each H-1B employee the wages set forth in the labor condition application (LCA) filed with the Department of Labor. Likewise, there is no prohibition against an employer having 100% of its workforce on H-1B visas. However, in this scenario, the employer would be considered to be "H-1B dependant," a statutory categorization that subjects the employer to additional regulatory requirements when participating in the H-1B program.
I got a green card through consular processing last month. How long do I have to work for the employer who sponsored my green card before leaving for another employer?
The entire green card process is based on the intent of the employer to hire the worker when the green card is approved, as well as the intent of the employee to work with the employer after approval. If you leave the sponsoring employer shortly after receiving your green card, the INS could conceivably determine that you never intended to work for the sponsoring employer, and thus revoke your green card. Most immigration attorneys generally advise that employees should remain with their sponsoring employer for at least six months to one year, with one year being the more conservative recommendation.
| 
