H-1 layoff - GC pending

[raj12]

I am on H1 visa and I am being laid off soon. My wife is on GC and she filed I-130 for me last year. Next year in Sept 2010 my wife is becoming US Citizen. I heard that since I entered US legally than being out-of-status does not affect my chances to adjust status and get GC. The day my wife gets citizenship I will be out-of-status for about 14 months. Please let me know if my understanding of this situation is right. I would also appreciate the advice if you think it might be better for me to transfer to B visa - it will cover me for 6 mo, but I will still be out-of-status for about 8 mo and frankly I am scared that changing status to B visa while waiting for GC might affect my chances for GC. Please advice. Thank you!!!

[Subramanya]

I am on H1 visa and I am being laid off soon. My wife is on GC and she filed I-130 for me last year. Next year in Sept 2010 my wife is becoming US Citizen. I heard that since I entered US legally than being out-of-status does not affect my chances to adjust status and get GC. The day my wife gets citizenship I will be out-of-status for about 14 months. Please let me know if my understanding of this situation is right. I would also appreciate the advice if you think it might be better for me to transfer to B visa - it will cover me for 6 mo, but I will still be out-of-status for about 8 mo and frankly I am scared that changing status to B visa while waiting for GC might affect my chances for GC. Please advice. Thank you!!

---- You can safely change over to B1/B2 visa if you sense that you are going to be laid off. It does not affect your chances of GC as that process is independent all by itself

---- In the meantime if you find a job on H1 you can apply for a COS and join the employer upon approval of H1. All this provided if you have period left on your H1 which we presume you have

Subramanya

[raj12]

Thank you Subramanya!

My H-1 is current and expires in 2013. I am a little worried about B visa, because I believe you need to prove that you have intent of returning home when in fact it is given that I am going to search for the job and have actually already filed for GC to stay permanently.

Also even if I am granted B visa and for some reason I cannot find another job within 6 mo I am going to have 6-8 mo gap between B visa expiration and GC - this gap when I potentially run out of status really worries me. Is this gap going to affect my chances of adjusting status to GC? Again I entered US legally and wife is becoming US citizen Sept 2010.

[Subramanya]

My H-1 is current and expires in 2013. I am a little worried about B visa, because I believe you need to prove that you have intent of returning home when in fact it is given that I am going to search for the job and have actually already filed for GC to stay permanently.

Also even if I am granted B visa and for some reason I cannot find another job within 6 mo I am going to have 6-8 mo gap between B visa expiration and GC - this gap when I potentially run out of status really worries me. Is this gap going to affect my chances of adjusting status to GC? Again I entered US legally and wife is becoming US citizen Sept 2010

---- It is presumed that you are currently residing in the US and thus you can apply for a COS from H1 to B1. In which casw you do not have to prove any intent. If you do not find a job within 6 months go out of US for a couple of months and return back on B1 for a period of another 6 months. In the meanwhile extend your B1

---- Having stayed in the US for some time and worked on H1, you should be able to land a job within 6 months (although there is no guarantee). It also depends on your field of endeavor

---- If you are still in doubt consult an attorney for further clarifications

Subramanya