Adjustment of Status - HB1 visa -> marriage -> green card???

[meauxna 15]

Okay, i have some good news.

<snip>

Do you think they would be lenient towards a change of status immediately after she received her H1B, under these circumstances? She got her H1B, but now she knows that she will lose her job and so therefore she is going to apply for residency as my wife in order to not go out of status. It seems like a reasonable plan to me, and we have been living together for so long that it's only natural to get married. As I said before, that was always a part of the plan, we just thought she would be working with her H1B before we got married.

hi again,

So, where did you get the 'good news'? From a consultation with your own immigration lawyer?

If not, is your GF being paid by the District currently?

About status: she has one--she needs to find out what it is. You've said that you were told she is currently out of status, and then you say that you were told that she 'may' be out of status.

As you can see, there are still nitpicky minutia that can cause problems. If you look at my other posts (no, I don't really recommend that) you'll see that I am not one to hammer on everyone going to a lawyer. When I do say it, I really mean it.

Should there be no status issues, then your concern above about 'them' being 'lenient' are moot. As I said before, the H1-B is a dual intent visa/status--it allows for her to adjust her status (either thru her employer or USC spouse).

She either qualifies to be a PR or she doesn't. You establish your citizenship (USC w/ birth cert or passport), your relationship to each other (marriage) and give her location details. Meeting with a lawyer beforehand will take the worry out of it so that you are not fretting up to the moemnt she has a Green Card in hand.

[jdude 0]

We got the good news from first talking to a laywer/friend and he told us that she doesn't necessarily have to be paid to be in status. The official rules of H1B are as follows.

"As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status."

So we were told to contact the employer. The employer (school district office) says she is still in status as an employee, even though the principal has suspended her employment. The principal is not the employer, the school district is. They are maintaining her status as "on leave" or "inactive" until they find another principal for her to work for, so that if they do they don't have to re-apply for the H1B (she signed the employment contract and all that). This will only last for a few more weeks though and the school district hinted that they are highly unlikely to find work for her at this time. So we know she's going to lose her status if we don't act soon...

[meauxna 15]

ok, I think that is what is called 'benching' the H1-B.

Best get applyin' for that marriage license.. happy day!