Christina

Hi, I am new to this group. I am on H1B status (no stamp on my passport
because I stayed on and found this job before my OPT expired) but am
planning to quit my job tomorrow on account of a verbally abusive
employer. I consulted an immigration attorney who said I have 10 days
after my resignation date to stay in the US. If I want to stay longer,
I was advised that I can file a change of status into a B2 (I still
have my B2 stamped on my passport).

However, my boyfriend and I want to get married in the next few days,
but probably after the 10 day period has lapsed (because he does not
want me to go home, nor do I). My questions are:

1. Should I bother filing the change of status into a B2? I received
advice that this could actually jeopardize my permanent resident
application later on.

2. Will I be in jeopardy if I were to go out of status (from my H1B)
then get married? Can I get thrown out of the US?

3. When can I start working again after I get married?

Thank you, your advice is greatly appreciated.

Ian-Mstm

> Hi, I am new to this group. I am on H1B status (no stamp on my
> passport
> because I stayed on and found this job before my OPT expired) but am
> planning to quit my job tomorrow on account of a verbally abusive
> employer. I consulted an immigration attorney who said I have 10 days
> after my resignation date to stay in the US. If I want to stay longer,
> I was advised that I can file a change of status into a B2 (I still
> have my B2 stamped on my passport).
> However, my boyfriend and I want to get married in the next few days,
> but probably after the 10 day period has lapsed (because he does not
> want me to go home, nor do I). My questions are:
> 1. Should I bother filing the change of status into a B2? I received
> advice that this could actually jeopardize my permanent resident
> application later on.
> 2. Will I be in jeopardy if I were to go out of status (from my H1B)
> then get married? Can I get thrown out of the US?
> 3. When can I start working again after I get married?
> Thank you, your advice is greatly appreciated.

I wouldn't bother trying to change status.



You are always in jeopardy when you are out of status... but the degree
to which you are in jeopardy usually depends on how long you are out of
status (i.e. not yet married to a USC). Can you get thrown out of the
US? Yes... any non-USC (and even some USCs) can be thrown out of the US.
Will you? Not very likely.



At the same time as you file for adjustment of status, you can apply for
work authorization (EAD). While the adjustment may take many years, you
should get the EAD in about 90 days.

Ian

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