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Got laid off H1B before filing I485
- Thread starter otmar
- Start date
PraetorianXI
Banned
1.- Out of status.
2.- Unemployed.
3.- (c) (9) (blank)
2.- Unemployed.
3.- (c) (9) (blank)
1.- Out of status.
2.- Unemployed.
3.- (c) (9) (blank)
Change your status to K type of visa within 10 days....thats all you get to be back in status without issues....Contact Immi lawyer immediately....like NOW
PraetorianXI
Banned
you can't change status to K in the States. K-1 and K-3 are visas that you can get outside the US.
that is correct. I do not know where did you come up with that?
I got married to US citizen on Jan, 26th 2008 and got laid off day before. I am here on H1B. What should I fill in the forms as my:
1. Current status?
2. Current employer?
3. I765 eligibility category? ( c9 ?)
Thank you all
Please correct me for this " For H1B either you need to transfer other employer or its mandatory to leave within 10 days".
Being spouse of USC if you file AOS package asap, that will protect you. Again correct me if I am wrong.
PraetorianXI
Banned
A personal check will allow you to track the progress, like knowing when it is cashed, and trying to figure out the receipt number from the number in the back of the check.
austriacus
Registered Users (C)
Please correct me for this " For H1B either you need to transfer other employer or its mandatory to leave within 10 days".
"For H1B either you need to transfer to another other employer or its mandatory to leave the day you lost your job."
In other words, there is no grace period. (However, there's a section 245(k) in the INA which allows relief to those who have been out of status for less than 180 days and are applying for employment based AOS.)
Being spouse of USC if you file AOS package asap, that will protect you. Again correct me if I am wrong.
If your spouse is a USC, you can be out of status indefinitely and are still able to adjust status, so there's not necessarily a need to hurry. However, being out of status makes you removable, and after the I-94 date you start accruing unlawful presence, so yes ... filing for AOS soon after the status violation is certainly safer than waiting.
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austriacus
Registered Users (C)
I'm curious if anyone thinks the timing of the marriage in relation to the status violation could become an issue. I'm not suggesting the marriage was entered into solely to obtain an immigration benefit, but could it be questioned why it happened right after the status violation? I suppose if it can be shown that the marriage was planned previously and it was just an unfortunate coincidence, it will not become an issue; or I suppose all you need to prove is that it is a marriage entered into in good faith, which you need to prove anyway.
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