H1B laid off right after marriage to USC

[ankush2181]

Hi,

I just recently got married to a USC and was about to start the process of filing my greencard papaers when I found out today that my position at my current company is being eliminated. I will be with the company till end of year though. My question now is that can I put currently employed on the forms even though I have been given a 30 day notice?

Also, I was initially planning to do the filing myself as my case is clean (5th yr H1B, One company, always employed) but given the sudden change in my situation I am not thinking about getting an attorney. Thoghts on whether that is needed?

Any feedback/advice is very much appreciated.

Thanks!

[pontevecchio]

The only advantage of a Lawyer is that he will deal with the paper work. Since you have to give him the information you could do it on your own if you want. As a spouse of an USC you are immune from the consequences of being out of status as long as you make sure you leave the country only after getting the GC. As for employment you would seem to be employed as of now.

[Belle]

As potecechio said, there will be no negative consequencies even if you go out of status when your job ends because you are marrying a citizen. You do probably want to get your EAD quickly, so that's the reason to file ASAP. Call a couple of lawyers and ask them how long it would take to file I-130/I-485/EAD/AP based on marriage - also ask for the list of documents they need. What you want to hear for the lawyer to be willing to file the petition with just the important documnets, and then add more, if the USCIS asks. You don't want any lawyer who needs to see it all, including stuff that probably would not matter anyway, before even starting to scratch their heads and putting it together - they will take six months to file. You should be able to file with five things - 1) your birth ceretificate 2) your marriage certificate 3) proof of your legal entry to the US (I-94) 4) proof of citizenship of the spouse 5) tax return or W2 for the matrial support form. Just add petition fees and stir.

If you are considering filing yourself - just read instructions for the forms. My take is that DIY is generally faster. The time to get off the ground with a lawyer will probably be longer than just file it yourself. You can get a paid consultation to check your petition, though.

[jarabeck]

Hi there, I was filling the form I-485 concurrently with my USC spouse. I am resigned voluntarily from my job that they have filed Green card thru employment and have PD May 2011. My question is current USCIS status section will be what? Company should revoke my H1b and I am trying to file my paperwork to get work authorization ASAP. I am stuck on I-485 form 1st page where it asks current status? What will be the approprIte answer? We got married dec 2012 and I have to leave the company feb 2013. Thanks