Hi I am new here *wave*. Is this the right place to post?

[tatianman 0]

Hey Haggen Daz. Since you are no longer employed, I am not sure if USCIS will question you for your current status. My lawyer once told me if you are unemployed, your H1B will no longer be valid and you will be out of status and there is no grace period. I am not sure if filing a change of status to B status will be helpful. (B status - visitors visa).

What you can do is to go to http://www.usavisanow.com They have some do it yourself kit that you can buy, or just use their service (they are the cheapest I can find). I currently hold an H1B, still employed, just turned in my application for AOS with all other forms required. You should really look into the do it yourself kit, it will answer a lot of your question, because they have sample forms. Again, since your case is kind of touchy with your current status, I would advice you to use their immigration service to get your case done to be save.

[ValerieA 350]

Hi again! OK, you are married, great! And congratulations! Are you currently living together? If not, you should be, as it makes the relationship look more 'bonafide'. I'm not saying you HAVE to, but proving a bonafide relationship is much harder if you don't live in the same house.

You are out of status right now, but once you file your paperwork (yes, we call the package the AOS, consisting of I-130, I-485, and all supporting schedules - like the I-765 - and documentation), the clock 'stops' and you do not accrue overstay days. Just in case, you may want to keep the letter you receive from USCIS saying they have accepted your application on you, if you are stopped. Admittedly, I am fuzzy on the details of an H1B, but I seem to recollect that they are ONLY good for the employer that sponsored them, and can not be transferred. Once you no longer work for that employer, the visa becomes invalid - can someone confirm this for me please?

Edited because I can't remember the stupid form numbers.

Edited May 27, 2010 by ValerieA

[fabulous02 1]

Hi again! OK, you are married, great! And congratulations! Are you currently living together? If not, you should be, as it makes the relationship look more 'bonafide'. I'm not saying you HAVE to, but proving a bonafide relationship is much harder if you don't live in the same house.

You are out of status right now, but once you file your paperwork (yes, we call the package the AOS, consisting of I-130, I-485, and all supporting schedules - like the I-765 - and documentation), the clock 'stops' and you do not accrue overstay days. Just in case, you may want to keep the letter you receive from USCIS saying they have accepted your application on you, if you are stopped. Admittedly, I am fuzzy on the details of an H1B, but I seem to recollect that they are ONLY good for the employer that sponsored them, and can not be transferred. Once you no longer work for that employer, the visa becomes invalid - can someone confirm this for me please?

Edited because I can't remember the stupid form numbers.

H1B is a work permit and can be transferred to a different employer... L1 visas are specific to the employer that holds them.