H1B layoff - COS B2 visa - Marriage based GC


ocean22

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Posted

I got laid-off on may 11th. My 60 days grace period ends on july 11th. I couldn't find a job till now.

I am planning to get married to my US citizen girl friend of 7 months soon (after july 11th).  

1. Should I apply for a COS to B1/B2 visa to be in status after july 11th, and then get married and apply for Marriage based green card? I entered US on valid H1b visa several times in last few years, most recently in April 2017.

I was told applying for B1/B2 will be counter-productive as B1/B2 has non-immigrant intent so it will harm my case for marriage based green card. Please advise so that I can decide on whether to apply for B1/B2 before Jull 10th or not.

Thanks in advance for your response.

Posted

You can change your status to B1/B2 and in meantime continue looking for new job on H-1B, you would be counted against the cap if you haven't used your 6 yrs already. once you have job you can change your status to H-1B and get married. Getting married on visitor status is not uncommon but can lead to complications. 

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