Laid off on H1 & petitioned Family based GC inter-related ?

V

venky_macho

New Member
Hi,
Here\'s my scenario:
Family based (second preference-2B) green card petition filed by my Green Card holder parent - NOTICE DATE - JULY 20, 1999 (Notice Type: Reciept Notice).

I entered USA on Jan 20th, 2001 on H1. Laid off on Jan 10th, 2002.

As I have already been petitioned for family based GC which I think will get approved in 2004 as per the dates available, what is my current status now in this scenario that I am laid off?

Irrespective of my family based GC petition, am I out of status because I have been laid-off. I\'ve been trying for jobs & the job market is topsy-turvy. I have lost hopes in this bad state of job market & moreover gone are those days where employer were more than willing to sponsor H1 transfer. In this scenario, what options do I have? I somehow want to keep my status legal. Should I take a chance applying for B-1 & if so, what is the reason I should give the application form? What is the trend now in INS for this type of adjustment of status? Is the INS more than willing to approve this type of adjustment of status after all this tragic Sept 11 events? If I say obtain B-1, then after a few weeks if I find a job, is that going to be a new H1-petition from the employer or can H-1 transfer be made?

I\'m sure the ACTA 21 law does not hold good for me as I should have entered USA before 21st DEC 2000. Right?

I appreciate all your suggestion/help in adv. Please help me as to what is the best I should do?
 
Well I will throw my two cents

I have the least amount of knowledge in this field, but it seems no one is responding to your question so here I am.

I guess if your case for \'adjustment of status\' is already with the INS you need not worry about being out of status. You can stay in this country and you will be considered \'legal\' till the time a decision is made about your GC petition. I dont think you will be able to leave the US till you get the GC. Also I dont think you are eligible to apply for an EAD card or for AP (I am not very sure of this, but I remember reading it somewhere) You however cannot work in the US unless you have a valid H1-B from the employer.

Tim
 
You must log in or register to reply here.
Top