What happens to K1 Visa holders if US borders close?

[Mattallie 7]

Hello - we just received our K1 visa and my fiancé is planning to move to the states next month (April). Before he moves, he needs to give a 30 day notice at work, in which they will cancel his current work Visa (he’s from the Philippines but works in Dubai).

 

He has not given his notice yet because we’re concerned that the US may close it’s borders if this pandemic continues. If he gives his notice and after 30days the borders close, he will be without a job and a Dubai work Visa and possibly have to fly back to the Philippines. We’re not sure what to do at this point, if He should take the chance and resign and hopefully be let in the country or wait till this pandemic dies down (but God knows how long this will last!)

 

If the US borders close, do you think they will allow K1 visa holders?

 

 

[African Zealot 1,455]

If you read the rules of the recent travel ban! K1 visa holders are not exempt.

 

There is nothing like loyalty to companies in perilous times. That same company will lay him off immediately if something comes up. If I were him I would put my interest before that of the corporation. And guess what, if your husband dropped dead today they would get someone to replace him, he’s not irreplaceable. Nobody is.

 

I would proceed with my travel plans and particularly if I have accumulated leave, I would leave for the USA and then send a resignation email after I arrive and offer to help the company remotely transition my duties to another person. Heck after arriving in the USA I can even offer to work remotely for the 30 day transition period. Many people are working remotely in this time.

 

I would understand if they get upset but so be it, that’s life. Sometimes you have to take tough decisions and prioritize your welfare, especially at the expense of a corporation.

[Lucky2Lucky 2,526]

In my opinion if you are concerned able travel bans he should quit today and fly today.
 There’s a very real chance USA will not allow international flights in- PERIOD- regardless of your nationality. 
 

 

Global Level 4 Health Advisory—Do Not Travel (March 19, 2020)

 

Location:  Global

 

Events:   Level 4:  Do Not Travel

 

The Department of State advises U.S. citizens to avoid all international travel due to the global impact of COVID-19.  In countries where commercial departure options remain available, U.S. citizens who live in the United States should arrange for immediate return to the United States, unless they are prepared to remain abroad for an indefinite period.  U.S. citizens who live abroad should avoid all international travel.  Many countries are experiencing COVID-19 outbreaks and implementing travel restrictions and mandatory quarantines, closing borders, and prohibiting non-citizens from entry with little advance notice.  Airlines have cancelled many international flights and several cruise operators have suspended operations or cancelled trips.  If you choose to travel internationally, your travel plans may be severely disrupted, and you may be forced to remain outside of the United States for an indefinite timeframe.

 

Edited March 20, 2020 by Luckycuds

[Crazy Cat 41,886]

1 hour ago, Mattallie said:

Hello - we just received our K1 visa and my fiancé is planning to move to the states next month (April). Before he moves, he needs to give a 30 day notice at work, in which they will cancel his current work Visa (he’s from the Philippines but works in Dubai).

 

He has not given his notice yet because we’re concerned that the US may close it’s borders if this pandemic continues. If he gives his notice and after 30days the borders close, he will be without a job and a Dubai work Visa and possibly have to fly back to the Philippines. We’re not sure what to do at this point, if He should take the chance and resign and hopefully be let in the country or wait till this pandemic dies down (but God knows how long this will last!)

 

If the US borders close, do you think they will allow K1 visa holders?

 

 

Personally, I wouldn't care about any 30 day notice.......I would get on the next available flight out....if flights are available and allowed by the time he gets to the airport.  That is how fast things are changing right now.......K-1s are not immediate relatives......he will not likely be allowed to enter the US if his country is included in a travel restriction.

 

EDIT: Does he have his passport or is the company holding it?

Edited March 20, 2020 by Lucky Cat

[Sparkle Sparkle 914]

1 hour ago, Mattallie said:

Hello - we just received our K1 visa and my fiancé is planning to move to the states next month (April). Before he moves, he needs to give a 30 day notice at work, in which they will cancel his current work Visa (he’s from the Philippines but works in Dubai).

 

He has not given his notice yet because we’re concerned that the US may close it’s borders if this pandemic continues. If he gives his notice and after 30days the borders close, he will be without a job and a Dubai work Visa and possibly have to fly back to the Philippines. We’re not sure what to do at this point, if He should take the chance and resign and hopefully be let in the country or wait till this pandemic dies down (but God knows how long this will last!)

 

If the US borders close, do you think they will allow K1 visa holders?

 

 

One thing immigration  and politics have thought me is the power of now...your happiness and all you ever wished for is in your hands now...your stars are crossed at this moment use it get him here now!

[Unlockable 7,314]

@Mattallie,

 

I agree with the others here to forget about the 30 days. That company your fiance works for is not helping you start a new life in the US. Although giving a notice is proper etiquette, with what is going on in the world it is best to put self and loved ones first.

[Mike E 11,739]

People responding to you are accustomed to “at will” employment job markets where any employer requirement for a 30 day notice can be ignored without legal consequences. (Rare exceptions for employees under a contract).  
 

Instead my guess is that if your fiancé gives notice he will be prevented from leaving UAE for 30 days.  IOW it is not a matter of mere etiquette.  
 

At the risk of violating VJ tos .,,
 

So don’t give notice. Book a round trip ticket to a third country.  Then fly from there to the USA.  
 

Once in the USA give 30 day notice if he wants and call in sick with flu like symptoms.   “I am sorry boss. I just arrived here and am too sick to work. I think you deserve a worker who is better able to serve you.  Blah blah blah. “. Be obsequious as possible.  
 

Do this today.  

Edited March 20, 2020 by Mike E

[Mike E 11,739]

35 minutes ago, Lucky Cat said:

 

EDIT: Does he have his passport or is the company holding it?

How would he get a visa for USA if company holding it? 

[Crazy Cat 41,886]

12 minutes ago, Mike E said:

How would he get a visa for USA if company holding it? 

That's why I asked. My impression is that there are some which do.......or used to.....

Edited March 20, 2020 by Lucky Cat

[Mattallie 7]

1 hour ago, Mike E said:

People responding to you are accustomed to “at will” employment job markets where any employer requirement for a 30 day notice can be ignored without legal consequences. (Rare exceptions for employees under a contract).  
 

Instead my guess is that if your fiancé gives notice he will be prevented from leaving UAE for 30 days.  IOW it is not a matter of mere etiquette.  
 

At the risk of violating VJ tos .,,
 

So don’t give notice. Book a round trip ticket to a third country.  Then fly from there to the USA.  
 

Once in the USA give 30 day notice if he wants and call in sick with flu like symptoms.   “I am sorry boss. I just arrived here and am too sick to work. I think you deserve a worker who is better able to serve you.  Blah blah blah. “. Be obsequious as possible.  
 

Do this today.  

 

He has a contract with his currently employer that requires him to give 30 days notice. If he breaks his contract he could possibly be banned from UAE and considered absence without leave. They are not holding his physical passport but his current UAE visa will be terminated once he leaves the company. 

 

 

[Quarknase 1,072]

1 hour ago, Mattallie said:

 

He has a contract with his currently employer that requires him to give 30 days notice. If he breaks his contract he could possibly be banned from UAE and considered absence without leave. They are not holding his physical passport but his current UAE visa will be terminated once he leaves the company. 

 

 

He's not planning to go back, right? So that shouldn't matter. Have him travel today, once he successfully entered the US he can put in his notice and offer to work remotely for the remaining 30 days. The company can terminate his visa in his absence

[wbeem 568]

1 hour ago, Mattallie said:

 

He has a contract with his currently employer that requires him to give 30 days notice. If he breaks his contract he could possibly be banned from UAE and considered absence without leave. They are not holding his physical passport but his current UAE visa will be terminated once he leaves the company. 

 

 

Does he want to go back to UAE? More than he wants to secure his future with you? 

[Sam & Yehia 11]

1 hour ago, Mattallie said:

 

He has a contract with his currently employer that requires him to give 30 days notice. If he breaks his contract he could possibly be banned from UAE and considered absence without leave. They are not holding his physical passport but his current UAE visa will be terminated once he leaves the company. 

 

 

If he has any kind of severance package and/or end of service rewards, they are more than likely to withhold that. US companies do not have the 30 day notice laws cause they mostly hire local. A very different story in the Gulf countries of the Middle East. I would go against the popular opinion and suggest he sits tight. As someone mentioned K1s are not exempt. If he quits now and come to the US, take into account if he is transiting through Europe he will most likely be returned to UAE, there is not much that can be done. Most city halls in most major cities are closed. So you can NOT get married. In times like this best scenario is status quo.

 

Patience is a virtue.

Edited March 20, 2020 by Sam & Yehia

[Mattallie 7]

43 minutes ago, Sam & Yehia said:

If he has any kind of severance package and/or end of service rewards, they are more than likely to withhold that. US companies do not have the 30 day notice laws cause they mostly hire local. A very different story in the Gulf countries of the Middle East. I would go against the popular opinion and suggest he sits tight. As someone mentioned K1s are not exempt. If he quits now and come to the US, take into account if he is transiting through Europe he will most likely be returned to UAE, there is not much that can be done. Most city halls in most major cities are closed. So you can NOT get married. In times like this best scenario is status quo.

 

Patience is a virtue.

yes, that is another thing we are taking into consideration too. He is waiting for his yearly bonus and gratuity pay which could be jeopardized if he leaves without proper notice. Coincidentally, his current company US headquarters are in my state and we're hoping they will hire him once he gets his EAD so we certainly do not want to burn any relationships. Appreciate your advice.

Edited March 20, 2020 by Mattallie

[Orangesapples 1,954]

6 hours ago, Ray.Bonaquist said:

If you read the rules of the recent travel ban! K1 visa holders are not exempt.

 

There is nothing like loyalty to companies in perilous times. That same company will lay him off immediately if something comes up. If I were him I would put my interest before that of the corporation. And guess what, if your husband dropped dead today they would get someone to replace him, he’s not irreplaceable. Nobody is.

 

I would proceed with my travel plans and particularly if I have accumulated leave, I would leave for the USA and then send a resignation email after I arrive and offer to help the company remotely transition my duties to another person. Heck after arriving in the USA I can even offer to work remotely for the 30 day transition period. Many people are working remotely in this time.

 

I would understand if they get upset but so be it, that’s life. Sometimes you have to take tough decisions and prioritize your welfare, especially at the expense of a corporation.

In the US, you can quit and be fired immediately. In most other countries you are bound by a contract and you have to give notice (for me it was a two month notice) and the employer also has to give you notice before they let you go unless you come to to work drunk or something.