Fired and out of H1B status: what to do?

catreelo11

I've hugely messed up and been fired from my job that had sponsored me (H1B) until September 2015.

I'm trying to figure out what the best thing to do right now is. I know I should probably be asking an immigration lawyer about this but I just don't have the cash for that. As far as I can see, I have these options:

1. Change to B-2 visitor status asap so I can have some time to look for something new. I need to prove I have enough $ to stay: is it possible to deposit a lump sum from a family member and show my bank statement as proof? How much do they require - I've read it needs to be 125% of the poverty rate?

2. Ask my employer to pay for my flight home (I believe I'm entitled to this), search for jobs from home, save money and come back on ESTA sometime soon to interview etc?

3. My boyfriend and I are entertaining the idea of marriage. Anyone have experience with getting green card through that? Fees, timeframe, interview, etc?

I'm so bummed and I had started building my life over here and don't want to blow it all cos of one bump in the road. Any help appreciated, thanks.

rockonollie

catreelo11 wrote: »

I've hugely messed up and been fired from my job that had sponsored me (H1B) until September 2015.

I'm trying to figure out what the best thing to do right now is. I know I should probably be asking an immigration lawyer about this but I just don't have the cash for that. As far as I can see, I have these options:

1. Change to B-2 visitor status asap so I can have some time to look for something new. I need to prove I have enough $ to stay: is it possible to deposit a lump sum from a family member and show my bank statement as proof? How much do they require - I've read it needs to be 125% of the poverty rate?

2. Ask my employer to pay for my flight home (I believe I'm entitled to this), search for jobs from home, save money and come back on ESTA sometime soon to interview etc?

3. My boyfriend and I are entertaining the idea of marriage. Anyone have experience with getting green card through that? Fees, timeframe, interview, etc?

I'm so bummed and I had started building my life over here and don't want to blow it all cos of one bump in the road. Any help appreciated, thanks.

There's 3 ways you can go about option #3

you can get married while in the US and apply for adjustment of status (AOS) and have you boyfriend petition for a CR-1 visa. AOS, if approved, allows you to stay in the US while your CR-1 visa is being processed.......but you cannot work.

you could apply for a K-1 (fiancee) visa, once approved, this allows you to get married in the US and the visa then converts to a CR-1 visa.

You have the option of getting married, returning to Ireland, and applying for your CR-1 visa while staying in ireland.

It may be a difficult case to have approved, getting married so soon after losing your H1B status screams marriage of convienience.

My wife and I were living in ireland when we applied for our CR-1, it took about 5 months to process, but that was while direct consular filing was an option......I understand that with everything being sent to the US for processing now, it is taking closer to 9-12 months

That's the basics of the greencard through marriage.......I can try and answer any questions you may have on the topic.....you can PM me if you don't want to share too much in public

RonnieRocket

First of all, I'm sorry to hear you've been fired from your job. I'm sure it's a huge shock to the system to be stranded in a foreign country with no means to support yourself.

I can only comment on your option no.3 about marriage as a way to permanently reside in the US, as it's the route I'm currently going through. You need to research the K1 visa. The main form you'll need is the I-129F that can be downloaded from the official USCIS website. The whole process can take around 5 months and includes an interview at the US embassy in Dublin, so you'll have to fly home anyway. There are fees to be paid at different points of the process, including $340 when you initially post your application, $240 at the embassy in Dublin, and a whopping $1070 to "adjust your status" when you get married in America.

Basically, it's not a quick-fix option. The K1 visa process is long and costly. Hopefully another poster can advise you on options 1 and 2.

lonestargirl

RonnieRocket wrote: »

First of all, I'm sorry to hear you've been fired from your job. I'm sure it's a huge shock to the system to be stranded in a foreign country with no means to support yourself.

I can only comment on your option no.3 about marriage as a way to permanently reside in the US, as it's the route I'm currently going through. You need to research the K1 visa. The main form you'll need is the I-129F that can be downloaded from the official USCIS website. The whole process can take around 5 months and includes an interview at the US embassy in Dublin, so you'll have to fly home anyway. There are fees to be paid at different points of the process, including $340 when you initially post your application, $240 at the embassy in Dublin, and a whopping $1070 to "adjust your status" when you get married in America.

Basically, it's not a quick-fix option. The K1 visa process is long and costly. Hopefully another poster can advise you on options 1 and 2.

She doesn't have to do K1. As she is already reusing in the US she can get married now and apply for adjustment of status (assuming she's within her grace period after the H1b lapsed).

Whatever option you choose make sure you either leave or sort something out before you become out-of-status or that could be a whole other mess

catreelo11

Thanks all. It helps to have first-hand accounts.

rockonollie: do you recall the fees involved with the AOS and CR-1?

lonestargirl: do you know what length the grace period is? I've read something different from every source: anything from 0 (if they filed to revoke on the day I was let go) to 10 to 30 days grace.

Does anyone know if there's a certain length of time I would need to stay out of the country before I can return again as a tourist?

Thanks again!

InTheTrees

catreelo11 wrote: »

3. My boyfriend and I are entertaining the idea of marriage. Anyone have experience with getting green card through that? Fees, timeframe, interview, etc?

Omg... I used to have nightmares about something like that happening when I first moved to the US.

As regards long term I'd say #3 is your best bet really.

rockonollie

catreelo11 wrote: »

Thanks all. It helps to have first-hand accounts.

rockonollie: do you recall the fees involved with the AOS and CR-1?



Thanks again!

CR-1 (Form I-130:Petition for Alien relative) Filing fee is $420, AOS (Form I-485) costs $985

As part of the CR-1 application, you are also required to undergo a medical exam which cost me 350Euro in Ireland a few years ago....I have no idea what it may cost if performed in the US

rockonollie

The information on obtaining a greencard through marriage while remaining in the US can be found on the USCIS website here

crapmanjoe

rockonollie wrote: »

CR-1 (Form I-130:Petition for Alien relative) Filing fee is $420, AOS (Form I-485) costs $985

As part of the CR-1 application, you are also required to undergo a medical exam which cost me 350Euro in Ireland a few years ago....I have no idea what it may cost if performed in the US

The AOS also requires a medical to be completed which all in cost me 350

clairefontaine

Can you take some stupid cooking class somewhere in a community college and get a student visa?

rockonollie

clairefontaine wrote: »

Can you take some stupid cooking class somewhere in a community college and get a student visa?

Would need to be a more serious course......it would cost as much if not more than the CR-1/AOS filing, and once the course is complete you'd be back to square 1.

spideog7

My understanding if that officially there is 0 grace period for a H1B (actually officially there is no defined grace period which is slightly different).

Obviously there is an understanding that you can't pack up and leave the next day so typically the authorities are lenient on this, however I wouldn't take the mick if I were you. If you think you can get another job quickly then you don't need to move to another visa, I believe you can still transfer your current H1B.

AOS is a costly business but shouldn't take too long, my whole application from sending in the packet to receiving the card in the post took 3 months. Obviously you'll need to actually get married, get your medical and fill out all the forms, so add another month to that at least. However as mentioned above it does scream suspicion since your visa just expired and if they do deny you you're out of pocket the fees and it may impact future applications too.

All in all it sounds like a messy business, did your employer give you a formal warning before firing you or at least give you a few weeks notice? Or did they go out of business or something?

Darren1o1

As I understand in theory there is no leniency for H1b, but in practice there is usually about a month and stories of longer. You could apply for a job, if getting it, could apply for a transfer. This would mitigate you rushing out and being married right away.
If applying about I would seriously consider how you explain your termination. Employers will ask.

ProudDUB

Darren1o1 wrote: »

As I understand in theory there is no leniency for H1b, but in practice there is usually about a month and stories of longer. You could apply for a job, if getting it, could apply for a transfer. This would mitigate you rushing out and being married right away.
If applying about I would seriously consider how you explain your termination. Employers will ask.

They will, but the odds of the old employer giving prospective new employers details of what led to the firing are slim. They don't want to get sued for slander. Most companies and HR departments have a set policy in place whereby they give out very limited information about the ex employee. They will give the date that they were employed there, their salary (sometimes) and if they are eligible for rehire with the company. That is corporate speak for asking did they leave on good terms with the company and would you rehire them if they asked for their old job back?

If the answer is Yes, it's a good sign. If they answer is No, most new employers will take that as sign that there may have been some drama going on, which would give them pause for thought in whether or not to hire the person. But what that drama may have been, the old employer won't say, as they don't want to get sued for trash talking their former employee. There have been several cases of employees taking their former employers to the cleaners, when they found out what they had been saying about them when prospective new employers called up to get a reference.