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A complex situation...GC and job situation

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  • A complex situation...GC and job situation

    Hi,

    Apologies for the long post. My friend is in a complex situation:

    He is on a H1 and got let go from his job. His company said they will give him time till April to get another job before they intimate immigration. His green card is in progress and his I-140 has been approved, but his date is NOT YET CURRENT.

    Now the questions:

    * How long can he stay in US after his H1 expires (i.e, after April), in order to search for a job or will he become out of status the next day (1st May)?

    * Given that the job market is not that great, is there a way for him to continue stay here beyond April and search for a job?

    * Will his green card process continue or will he need to apply all over again with the new company, assuming he gets a new job (I think I know the answer..but..)?

    * I understand that getting a new H1 is difficult. So, even if he manages to get a job before April, can he start working with the new firm on the new H1 without getting the visa stamped or does he need to go to his home country to get it stamped?

    * His wife is a student on a F1 visa. Since they came into the country on individual visas (he on H1 and his wife on F1), can he apply for a F2 (dependent visa) while staying in US?

    * If he changes to F2 status, what is the process to convert back to H1 when he lands himself on a job?

    * How long does it take for the GC to get approved (from the time you apply) for a PHd graduate (EB1 category)?


    Very many thanks in advance. Keep up the good work. You guys are a lot of help.
    Last edited by Saiki; 01-28-2009, 12:10 AM.

  • #2
    Apologies for the long post. My friend is in a complex situation:

    He is on a H1 and got let go from his job. His company said they will give him time till April to get another job before they intimate immigration. His green card is in progress and his I-140 has been approved, but his date is NOT YET CURRENT.

    Now the questions:

    * How long can he stay in US after his H1 expires (i.e, after April), in order to search for a job or will he become out of status the next day (1st May)?

    ---- On april 30 evening he is out of status unless he has applied for a COS to some other visa status like a B1

    * Given that the job market is not that great, is there a way for him to continue stay here beyond April and search for a job?

    ---- Yes, if he changes his status to something like B1

    * Will his green card process continue or will he need to apply all over again with the new company, assuming he gets a new job (I think I know the answer..but..)?

    ---- It can continue but he should be in a job to apply for I-485

    * I understand that getting a new H1 is difficult. So, even if he manages to get a job before April, can he start working with the new firm on the new H1 without getting the visa stamped or does he need to go to his home country to get it stamped?

    ---- Ther si no need to go out of thecountry if he receives a I-94 with his nes H1 (most probably he will)

    * His wife is a student on a F1 visa. Since they came into the country on individual visas (he on H1 and his wife on F1), can he apply for a F2 (dependent visa) while staying in US?

    ---- Yes just apply for F2 in April adn continue stay in US and look for jobs if by that he has not got one

    * If he changes to F2 status, what is the process to convert back to H1 when he lands himself on a job?

    ---- Once again a COS from F2 to H1

    * How long does it take for the GC to get approved (from the time you apply) for a PHd graduate (EB1 category)?

    ---- A PhD graduate does not get into EB1 category right away. It depends on the job requirement and the persons credentials and achievements which have to be proven

    Subramanya
    Very many thanks in advance. Keep up the good work. You guys are a lot of help.[/QUOTE]

    Comment


    • #3
      Thanks for your reply...

      Appreciate the prompt reply.

      Comment

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