H1B worker Laid Off, getting married, Confused

[Bandy]

I am a International currently in the US on a H1B visa. I was recently (a couple of days ago) laid off by my employer with no warning. So I guess I am currently out-of-status. My employer has offered to buy me a one way ticket back to my home country within a few days.

I am also getting married in June to a US citizen in the USA.

Also, I will be starting Graduate school in the fall at a major American university.

Can I just stay in the US till the wedding; get married and then
apply for Change of Status to F1 to start school; Apply for GC after
starting school ? Will my application for Change of status to F1 be
denied as I have remained out of status (for H1B) and stayed in the country?

Is it possible for me to just remain in the US, get married and then apply for a Green Card? Will the application for Green Card allow me to start school in the fall or will I have to apply for a separate F1 visa/status change before the Temporary GC is issued?

Alternatively, should I apply for a status change to K1 or Tourist visa now before the wedding and then for Green Card after the wedding?

I want to be able to (a) Get married on time and (b) Attend school in the fall and I want to do both without leaving the US if possible.

Thanks in advance!
Bandy

[DMX17]

Just my opinion...

If you already have an admission (I-20) from the school, you should immediately apply for a Change of Status (COS) from H1 to F1. You are allowed to stay in the U.S. while your case is pending at USCIS. This is a period of authorized stay by the Attorney General.

To apply for a COS, you must be in legal status at the time you apply. If you apply right after lay off, it will most likely work.

Alternatively, you can also apply for a COS from H1 to B2 (visitor) visa if you want.

To adjust status based on a marriage to a USC, I think you need to have entered the US legally which you have. I don't see any issue even if you are out of status. I could be wrong here.

You may also want to talk to an attorney about your options, just in case.

[Bandy]

Good idea, but ...

I do not yet have the I-20 from the school but I am working on it (waiting on financial documents from my bank).

I thought there is a restriction that says I cannot apply for COS to F1 more than 60 days before school starts. Is this true?

The COS to F1 will not allow me to work though, right?

Thanks!
- Bandy

[DMX17]

I don't know if there any rule that says you cannot apply for a COS to F1 before 60 days of I-20 start date. You need an I-20 and also financial proof that you will be able to support your education on F1 among other things.

You can apply for COS to B2 for sure. I would think that this will take at least a couple months before any action. Meanwhile, get married and apply for Adjustment of Status.

You cannot work after your COS to F1 is approved unless you work in accordance with F1 rules.

Again, I recommend talking to an attorney.

[Bandy]

Asking for "unpaid personal time off"

One of the attorneys I spoke with has suggested asking my employer to give me "unpaid time off" until I can file a Change of Status application to F1. I hope to apply for my I-20 within the next few days.

Since I have a wedding coming up I can say/explain if asked that this is to help in planning the wedding.

This of course means that I will not be able to work but I guess that is OK.

I do not know how long it will take for the university to issue the I-20.

Thanks,
Bandy