Legal Question in Immigration Law in California

Re: H1B Layoffs

Dear Inquirer:

Your boyfriend will begin to accrue "unlawful presence" on the date that the USCIS advises him that he has violated his status. Absent that, he is not "unlawfully present" (UP) until the date on his I-94 is reached. The date his visa expires is irrelevant to this inquiry. If he accrues more than 180 days of UP and then departs the US, he would become inadmissible to the US for a period of three years; and 10 years if he is UP for more than one year.

If you marry and acquire your citizenship, he would be eligible to file for adjustment of status in the US, irrespective of any period of UP. However, he should try to avoid any violations of status in general.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: H1B Layoffs

This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: H1B Layoffs

Contrary to popular belief, there is no grace period after ending employ on H-1. If he were able to secure employment within a month or so of ending with his H-1 employer, CIS probably would have approved a "port"ed H-1, but it's been nearly three months he's been violating his status. Any new H-1 should be accompanied by a new entry, but since there are no prospects, if he leaves, he would have to be very careful about returning in the proper visa classification. At the same time there is a competing issue whether a consul would issue a visa given his status violation.

The visa does not control how long he can stay, the white I-94 card does, but only if he's working for the employer who petitioned him.

If you file for him now, he doesn't gain anything. If he stays and you become a U.S. citizen, marry him and all is smooth, he gets his green card, no problem. If you break up, he's got maybe big problems, depending on timing and other options.

You could file a fiance petition with him departing immediately and in that case the status violation shouldn't hurt him. It would take about six months of being separated for him to return. You'd then marry and file for the green card in an easier way than if you did the case from marriage only, skipping the fiance stage. He doesn't qualify now to become a fiance as he's already violated his status.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: H1B Layoffs

A person with H1B status who is then terminated from his job is not considered to be in lawful status. His valid visa allows him to travel. A valid visa is different from valid or legal status, which allows him to remain in the U.S. legally. If you marry him, it could allow him to remain in the U.S. to apply for his green card. Becoming a Citizen is a faster process currently.

To discuss your specific case further in confidence, please contact me at [email protected].

Note: The above response is provided for information only and should not be construed to create an attorney-client relationship, which can only be established through payment of consideration.