H1B layoff + engaged to USC - what should I do?

[murasame]

Hi!

I on an H1B visa. I think my employer might soon lay me off (due to company issues unrelated to my performance). I'm engaged to a USC.

What are my options if my employer lays me off?

In that case, should I perhaps:
- get married sooner & apply for marriage visa/GC?
- apply to change to tourist visa & look for new job?

Any advice greatly appreciated.

[raghvi]

Hi!

I on an H1B visa. I think my employer might soon lay me off (due to company issues unrelated to my performance). I'm engaged to a USC.

What are my options if my employer lays me off?

In that case, should I perhaps:
- get married sooner & apply for marriage visa/GC?
- apply to change to tourist visa & look for new job?

Any advice greatly appreciated.

You can apply a H1 to K1 visa change of Status.

This is my opinion not legal advice.

[newacct]

Hi!

I on an H1B visa. I think my employer might soon lay me off (due to company issues unrelated to my performance). I'm engaged to a USC.

What are my options if my employer lays me off?

In that case, should I perhaps:
- get married sooner & apply for marriage visa/GC?
- apply to change to tourist visa & look for new job?

Any advice greatly appreciated.

If you are sure you are going to be married to the USC soon, just stay in the US and marry at the time you intend to and apply for Adjustment of Status, regardless of whether it is before or after you get laid off.

You can apply a H1 to K1 visa change of Status.

I do not believe it is possible to change into K status.

[murasame]

If you are sure you are going to be married to the USC soon, just stay in the US and marry at the time you intend to and apply for Adjustment of Status, regardless of whether it is before or after you get laid off.


I do not believe it is possible to change into K status.

Thank you for the help raghvi & newacct!

So, if hypothetically I was laid off tomorrow, I should just wait and get married as planned in the fall? Is that being out-of-status for too long?

Why can't I change to K? Do I have to go back to home country to do that?

[newacct]

Thank you for the help raghvi & newacct!
So, if hypothetically I was laid off tomorrow, I should just wait and get married as planned in the fall? Is that being out-of-status for too long?

Yes. It doesn't matter for AOS how long you are out of status.

Why can't I change to K? Do I have to go back to home country to do that?

Because the rules do not allow it. The point of K-1 is to allow the person to enter the US to marry. You are already in the US and can already marry, so what would be the point?

[murasame]

Yes. It doesn't matter for AOS how long you are out of status.


Because the rules do not allow it. The point of K-1 is to allow the person to enter the US to marry. You are already in the US and can already marry, so what would be the point?

Thank you so much! This helps a lot.