Fiance laid off, self on H1b (reposting)

K

kopy_rights

New Member
urgent: Fiance laid off, self on H1b!!

Hi,

My fiance and I are both in Florida and were on H1B. Our marriage is to formally take place in India in December 2010. But my fiance is being laid off and will lose his H1b status this month. If he doesnt make it into another job by then, we were considering the possibility of getting married in the USA (in a county clerk's office) and applying for his H4.

But since we do not have family present here, we would not be able to provide a wedding photo album/invitation - both of which are necessary documents for applying for H4 from india.

1. Does that mean we cannot apply for his H4 at all? Or are there chances of it getting approved without wedding photos?

2. Can his visa be converted to a visitor visa to give him some time to look for another job?

Any advice greatly appreciated.

Thanks,
-K
 
Last edited by a moderator:
kopy_rights said:
Hi,

My fiance and I are both in Florida and were on H1B. Our marriage is to formally take place in India in December 2010. But my fiance is being laid off and will lose his H1b status this month. If he doesnt make it into another job by then, we were considering the possibility of getting married in the USA (in a county clerk's office) and applying for his H4.

But since we do not have family present here, we would not be able to provide a wedding photo album/invitation - both of which are necessary documents for applying for H4 from india.

1. Does that mean we cannot apply for his H4 at all? Or are there chances of it getting approved without wedding photos?

2. Can his visa be converted to a visitor visa to give him some time to look for another job?

Any advice greatly appreciated.

Thanks,
-K
Click to expand...

1. Get married ASAP in USA.
2. File H1 to H4 Change of status with form I-539 with USCIS. H1 to H4 Change of status application with all the required documents must reach USCIS before the H1 employer revoke H1 petition by writing to USCIS.
OR
Go out of US once lay off and wait for December then get married in India and then get H4 visa stamp and come to US on H4 STATUS
 
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