Out of status when H1B unemployed and married to US citizen?

[jonsnowz 0]

I'm on H1B visa, and my company is filing green card for me. Typically it would take more than 1 year to get it. My girlfriend is US citizen, and we plan to get married without filing for green card by marriage because of duplicate effort. What would happen if I got unemployed and couldn't find another H1B sponsor within 60 days while I'm married to her? 
Do I get out of status and have to go back to my home country? and then file immigration paperwork to come back here?

I'm just trying to figure out worst case scenario, as the job market is unpredictable at the moment, and I have always had this fear of getting out of status since coming to US on H1B.

[aaron2020 11,651]

Hi,

 

If you become unemployed, your employer will not be able to continue with your green card application.  Your USC wife could file for you.  Then, it will take 6+ months to get an EAD allowing you to work.  Are you willing to risk waiting 6+ months for work authorization if you become unemployed?  

While it may seem like duplicate effort, you should consider filing for a green card based on marriage to a USC.  Consider it insurance in case you become unemployed.  Better to have a back up in place and not need it rather than need a back up and not have it.  

[Dashinka 24,800]

I completely agree, there is no harm in having a second application, and if your ultimate goal is naturalization, getting a GC through marriage opens up the 3 year window to that possibility.

 

Good Luck!

[Crazy Cat 42,320]

6 hours ago, jonsnowz said:

I'm on H1B visa, and my company is filing green card for me. Typically it would take more than 1 year to get it. My girlfriend is US citizen, and we plan to get married without filing for green card by marriage because of duplicate effort. What would happen if I got unemployed and couldn't find another H1B sponsor within 60 days while I'm married to her? 
Do I get out of status and have to go back to my home country? and then file immigration paperwork to come back here?

I'm just trying to figure out worst case scenario, as the job market is unpredictable at the moment, and I have always had this fear of getting out of status since coming to US on H1B.

Marriage to a US citizen, in itself, carries no immigration benefits.  In the worst case scenario you described, you would file a concurrent I-130/I-485 package.  This would grant you authorized stay in the US while the I-485 is pending.

[aaron2020 11,651]

4 hours ago, Dashinka said:

I completely agree, there is no harm in having a second application, and if your ultimate goal is naturalization, getting a GC through marriage opens up the 3 year window to that possibility.

 

Good Luck!

OP could naturalize under the 3 years rule with an employment based green card.  There is no requirement that the green card must be obtained through marriage.  The requirements are having a green card, being married to a USC for 3 years, and living with that USC spouse for 3 years.