QUESTION
Can I apply for a green card if I have a valid H1B but I have no job?
Asked on Apr 05th, 2017 on Immigration - Georgia
More details to this question:
I am from the UK. My H1b visa was issued December 2015 and expires September 2018. In February 2016, my company shut down and I was laid off. My salary stopped. At this point, my American fiancé and I decided to bring our marriage forward and have prepared all the necessary documents including I-130 Immigrant Petition, I-485 Application for Permanent Residency, I-765 Application for Employment Authorization etc. However, I am worried that because I have not been working (but abiding the law in all other areas) from February 2016 - May 2016 (when we hope to submit our app), USCIS will deny our green card through marriage application. My H1B is not expired but I have not been working for some months (I have been looking for a job and interviewed for 15+ companies but with no success).
1 ANSWER
Generally, when a foreign national enters the U.S. lawfully and with inspection, such as with an H1B visa, and later becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment application by which the foreign national will become a Lawful Permanent Resident (get a "Green Card"). This is true even if the foreign national may have fallen out of status as a result of the H1B-sponsoring company going out of business (or otherwise). Of course, there are many other details that impact eligibility, and it would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Jul 02nd, 2017 at 5:08 PM