My Friend is Married to a US Green Card Holder

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sportsfan

Registered Users (C)
Hello All,

I am a US Citizen. This is for a friend. Please post your replies in this regard based on the following facts.

He has Bachelors and Masters in USA and was working as a Chemical Engineer, but got laid off about 3 months ago. His visa status was changed from F-1 to H-1b, but now he has no job and worried that he might have to leave USA, if he does not find any job within next 3 months. While he is looking for a job, it is a difficult time to find a job now.

He is married to a US Green Card holder and his wife applied for his green card last December. I know, a US Citizen can concurrently submit I-130 and I-485 which means work permit application (I-765, I believe) can also be filed. But I am not sure, what are the options for a green card holder. His wife only submitted I-130 when she applied for his green card.

Now, what would be the legal avenue that this gentleman can take so that he can stay in the US legally with his wife?

Can he apply for work permit based on the ground that he is married to a US green card holder? Does it mean they have to fill our I-485 and I-765 now?

If the above is not possible, can he change his status from H-1b to F-1 again so that he can stay here in USA legally while he awaits his I-130 approval?

Your replies with any recommendations will be greatly appreciated. Thank you for your time.
 
First of all he's here already illegally. Yes, the company should apply to CIS about revoking H1 and all, but even if they didn't and he finds a job he can't prove he worked while applying for new H1. I think the same issue will be with him changing to F1 (especially consider the fact that he has 130 pending). So the only option for him is to wait till his wife become USC or leave US and try to find another job from outside.
 
At the moment, nothing. His only choice is to find another H-1B employer. He has already spent 3 months out of status it seems. Did the previous employer report his termination to USCIS?

sportsfan said:
.Now, what would be the legal avenue that this gentleman can take so that he can stay in the US legally with his wife?
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How far is his wife from being eligible for US citizenship? If not soon, he needs to leave the US before he has accumulated 180 days since losing his job, or he could be banned from the US for 3 years (10 years if he remained in the US illegally for a year or more).
 
Thank you for all your replies. He is looking for a job. If he does not find a job in the next 3 months, he is thinking about going back home and wait until his wife becomes a US Citizen. Or he might switch to F-1 status.
 
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