What happens to K1 Visa holders if US borders close?

[Orangesapples 1,954]

5 hours ago, Unlockable said:

@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.

It is etiquette in the US. In many countries not giving notice is a breach of contract. 

[Crazy Cat 41,985]

Just now, Orangesapples said:

It is etiquette in the US. In many countries not giving notice is a breach of contract. 

What are the consequences?

[Orangesapples 1,954]

1 minute ago, Lucky Cat said:

What are the consequences?

Are we advocating for people to break the laws if they can avoid consequences? 

[Orangesapples 1,954]

1 hour ago, wbeem said:

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

He can still have a future with her even if he doesn't fly tomorrow. 

[Quarknase 1,072]

Just now, Lucky Cat said:

What are the consequences?

Unlike in the US, where rules seem to exist to be broken/worked around, and have a bad stigma of "controlling" people, other cultures create rules for the greater good of the community and take pride in adhering to these rules. I just read a great piece about this, but can't seem to find it right now

Having that said, breach of contract penalties can vary widely by country, by contract, and by field of business. I would never recommend to do this to a non-US company. But I would recommend to travel and offer to work remotely. With the additional info that he is seeking employment with the US branch, I would probably NOT recommend to do it though He could potentially ask the UAE branch if they would let him work from the US office so he can travel before the borders close?

[Crazy Cat 41,985]

14 minutes ago, Orangesapples said:

Are we advocating for people to break the laws if they can avoid consequences? 

I'm not advocating or recommending anything......I'm just asking what happens if a person breaches their contract....

Edited March 20, 2020 by Lucky Cat

[African Zealot 1,455]

21 minutes ago, Orangesapples said:

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. 

Sure, I am aware. However it has little to no bearing on my suggestion to the OP. I said they should leave without notifying the employer until after they arrive in the USA. That contract cannot be enforced.

Edited March 20, 2020 by Ray.Bonaquist

[Prizm123 1,086]

why doesnt he just give notice now and request an immediate release due to the circumstances? then maybe request a transfer or a telecommute type position?

[NikLR 13,230]

4 hours 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. 

 

 

Has he asked to be released from the contract?

Edited March 20, 2020 by NikLR

[PatLuvO 284]

If there is a bonus on the line and other salary related things that he will forfeit if he abruptly leaves then he should just wait it out. As it is now if he were to come to the US you might not be able to get married right away which will delay the AP process from starting. The K-1 is valid for 6 months, are you all close to the expiration date? Even if you are I believe the visa can be re-issued. At the end of the day it depends on what’s most important to the both of you and your relationship. These are uncertain times so it’s hard to know which option is right. Good luck to you both.

[geowrian 22,337]

1 hour ago, Orangesapples said:

unless you come to to work drunk or something. 

Hmm... 🤔

 

💡

 

1 hour ago, Lucky Cat said:

What are the consequences?

Depends on the country and contract.

There's social and employment consequences of failure to follow norms.

There can be financial consequences, such as breach of contract penalties and/or forfeiture of funds (including base pay, bonus, etc.).

There may or may not be legal consequences in some countries.

 

The exact consequences here are unknown, and the OP will have to weigh those versus the possibility of not being able to make it to the US before the visa expires and the potential impacts of that (new medical + visa fee, or possibly having to start all over).

[Orangesapples 1,954]

2 minutes ago, geowrian said:

Hmm... 🤔

 

💡

 

 

Haha, it's my autocorrect, I swear! For some reason, it really likes repeating words. 

[Sami58 17]

10 hours 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?

 

 

I would wait it out to see what plays out. If the borders close then us immigration may extend the life of visas because a lot of people are already shut out from entering. So the best option for me would be to give the employer the necessary notice when the time comes. As of now, you can’t get marry before the 90 days because city clerk offices are closed and there is no way to get your marriage license. 

[Sarge2155 4,590]

10 hours ago, Sparkle Sparkle said:

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!

Not now........NOW!!!! If possible!

[Mike E 11,741]

11 hours 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. 

 

 

Yes I figured as much.  Hence my advice to plead sickness.  “Sorry sir, I have Covid-19, sir and the Americans have ordered me   Quarantined”.  And btw by the time he gets around to making that phone call it might even be true.  Cases are doubling each day. Do the math. 50/50 he will be stricken within 2 weeks of arriving.  
 

I understand the desire to not burn a bridge with respect to UAE.  Hence my advice to try not to. 
 

But if he does, so what? That means he can’t fly Emirates or Etihad airlines again. Whatever.