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Job Loss and H1B Out of Status

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  • Job Loss and H1B Out of Status

    My wife (I am a US citizen) lost her job yesterday, and I know that her H1B is immediately invalid.

    I've seen lots of responses on various websites to similar situations telling people in this situation that they "must return to their native country (Taiwan) "immediately" This advice, while perhaps "technically correct" is completely useless and serves only to scare people. Who can be expected to go to the airport minutes after getting canned?

    We have an Infopass appointment Monday morning, but in the meantime we're pulling our hair out and feeling more than desperate.

    If there is anyone who truly knows what options we might have, we are all ears? I've read in some bulletin boards that it's up to the discretion of the USCIS officer, but we have had pretty bad experiences with incompetence at the USCIS. Our I-130 was approved (so our marriage is recognized as legal by USCIS) but we have had to start over with our I-485 because of a mistake we made (even after asking the USCIS said what we had done was AOK. We haven't re-filed it yet.

    We fear that even she leaves tomorrow, she will not be allowed to return because of a few days of being out of status. Is this alarmist?

    Please, please, can anyone provide information based on some real-life experiences or knowledge?

    Thank you

    SF

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