Help! H1B out of status married to USC and H1B transfer

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bestwishoh

Registered Users (C)
Dear all:

I am new here and I am seeking some advice about my situation. Thank all of you very much in advance for any opinions. i have found people in this Forum are so helpful. I am so worried and could not sleep. :(

I was on a H1B and just out of status over 60 days (based on my last paystub on June). The reason is I moved to another state to be together with my fiancé to get married. My H1B employer agree to let me go and take "absence of leave without pay". They understand my situation and let me go to find a new job there without terminate my employment at the company.

Unfortunately I could not get a new job in June. Now I found a new job and try to transfer my H1B. My question is, if I submit my application with my last paystub on June (without most recent paystub) and start to work for the new employer, will it hurt my future AOS of my green card application based on marriage to US citizen? We will get married this month and my fiancé will be a US citizen soon.

I read some cases of H1B out of status transfer to new employers, and it seems most of their H1B transfer have been approved but they did not get their I-94, so they need to be out of US and re-enter US. If the same thing will happen to me later, and if I choose to stay in US and wait for the adjustment of my status, will it be fine? Any trouble in my case?

Does anyone has the similar experience or would like to give me your opinions?
Very appreciate your advice!!!
 
I thought that your H1B status is still valid when you are on leave of absence.

I'm going to do something like that in January. Hopefully I'll have a green card by then, but I'm thinking about getting an AP just in case...
 
Re:

sarrebal
Thank you for the reply.


So if my former employer will provide a letter to explain my leave of absence, will my h1b transfer and I-94 (only with the early June paystub) be approved?

I think my H1b transfer case will be reviewed by USCIS before I can get the EAD based on marriage GC. So 2 or 3 months later, when USCIS process my case and if USCIS think I am out of status for over 2 months, and require me to leave US and re-entry, but I choose to stay in US, will I be in trouble and will the USCIS knock my door to force me to leave?


Thanks.
 
If you're married to a USC USCIS will forgive any overstay of your Visa when you apply for AOS, so no, you won't be deported.
 
Re:

Thanks for the reply.

If my former employer will provide a letter to explain my leave of absence, do you think my h1b transfer and I-94 (only with June paystub) will be fine to be approved?

If the USCIS think I was out of status for over 2 months and require me to leave US and re-entry, but I choose to stay here to wait for my GC, will USCIS knock at my door to force me to leave?
will I be in trouble at AOS interview later?

thanks a lot for your input!
 
bestwishoh said:
Thanks for the reply.

If my former employer will provide a letter to explain my leave of absence, do you think my h1b transfer and I-94 (only with June paystub) will be fine to be approved?
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There's a chance you could get rejected, yes. There's also a chance you won't. Probably best to ask a lawyer this question.
If the USCIS think I was out of status for over 2 months and require me to leave US and re-entry, but I choose to stay here to wait for my GC, will USCIS knock at my door to force me to leave?
Click to expand...
Its possible they could knock on your door I. As you're not married to a USC yet, if this happens you certainly could be deported (sorry, I thought you were married to a USC in my previous reply).
will I be in trouble at AOS interview later?
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As I said above, USCIS forgives any visa overstay of someone married to a USC, so as long as you avoid being deported you shouldn't have any issues!
 
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