H1B might be denied - questions

[ouchrush]

Hello,

Thank you for reading my case and concerns. My case is as follows:

One company has filed a H1B transfer for me (premium processing). Last week my lawyer received an RFE and is trying to respond. However, he seems not very confident in responding properly. He said he never dealt with a case like mine. I'm currently on H1B but I'm not in a good relationship with my manager so he might let me go anytime.

I want to go work for the new company on H1B receipt now. I know I have to take the risks of H1B denial.
I have a few questions:

1. I have a steady girlfriend who's currently on F1. If I go get married with her now, I'm wondering if USCIS will take issue with me if the time between my marriage and F2 conversion is too short.
Also, do I need to leave the US to get the F2 stamp in my passport when my F2 is approved?

2. Can I find another lawyer to file h1b for the same position in the same company again?

3. If I find another lawyer, do I have to find one that's in the same state of the company I want to work for? I heard that lawyers have their own territory of law practice. Therefore, an immigration lawyer in Georgia can only handle H1B petitions from Georgia companies. However, since immigration law doesn't differ in individual states, I doubt about it.

Thanks for reading my post and answering my doubts.

[shervin143]

1. I have a steady girlfriend who's currently on F1. If I go get married with her now, I'm wondering if USCIS will take issue with me if the time between my marriage and F2 conversion is too short.
>>> If the marriage is registered then it should not be an issue. If there is a concern, they will raise an RFE and you will have to respond properly.

Also, do I need to leave the US to get the F2 stamp in my passport when my F2 is approved?
>>> No need. H1B to F2 COS can be filed.

2. Can I find another lawyer to file h1b for the same position in the same company again?
>>> Possible but the current H1B petition need to be withdrawn first. Alternatively you can hire good immigration attorney to respond to the RFE if you current attorney is not too comfortable responding.

3. If I find another lawyer, do I have to find one that's in the same state of the company I want to work for?
>>> There is no such requirement.

I heard that lawyers have their own territory of law practice. Therefore, an immigration lawyer in Georgia can only handle H1B petitions from Georgia companies. However, since immigration law doesn't differ in individual states, I doubt about it.
>>> Not true.

[ouchrush]

[QUOTE=shervin143;432984]1. I have a steady girlfriend who's currently on F1. If I go get married with her now, I'm wondering if USCIS will take issue with me if the time between my marriage and F2 conversion is too short.
>>> If the marriage is registered then it should not be an issue. If there is a concern, they will raise an RFE and you will have to respond properly.

Also, do I need to leave the US to get the F2 stamp in my passport when my F2 is approved?
>>> No need. H1B to F2 COS can be filed.

Thank you for the info. Suppose I file F2 after my H1B is denied, there is going to be a few days gap right? In this case do I need to leave the US and get the F2 activated? I heard that if I file F2 without a valid status, I might be asked to leave, go back to my country and get an F2 stamp, then come back. Not sure if this is true or not.

[shervin143]

Thank you for the info. Suppose I file F2 after my H1B is denied, there is going to be a few days gap right? In this case do I need to leave the US and get the F2 activated? I heard that if I file F2 without a valid status, I might be asked to leave, go back to my country and get an F2 stamp, then come back. Not sure if this is true or not.
>>> That is true. If H1B is denied, then you do not have any other option other than to leave the country, get the F2 visa stamped and return back.