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I currently on a h-1b visa, but I feel Im about to lose my…

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I currently on a h-1b...
I currently on a h-1b visa, but I feel I'm about to lose my job. My wife is a US permanent residence, and she's willing to apply for my green card. I need advice if this is the right step to take, or I can wait in the country till next year, when she becomes a citizen, then she can apply for me.
Submitted: 8 years ago.Category: Immigration Law
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Answered in 7 hours by:
6/9/2010
Immigration Lawyer: Wilton A. Person, Immigration Lawyer replied 8 years ago
Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 4,147
Experience: Knowledgeable and experienced immigration lawyer.
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Your wife filing a petition for you as a permanent resident will not provide you relief with respect to you maintaining lawful status in the US if you lose your job because the visa would not be immediately available.

 

You would probably be best served by transferring your H1B visa to another employer that is willing to sponsor you or finding some other visa that would allow you to remain legally in the US until your wife becomes a citizen and can file an immediate relative petition on your behalf.

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Customer reply replied 8 years ago
what if, after several attempts to get a new h1-b sponsor i'm not able to and i go 'out of status', what will be the impact on the residency application in case my wife files for me in say a year down the road, considering the fact that I will still be 'lawfully present' based on the date on my I-94.
Immigration Lawyer: Wilton A. Person, Immigration Lawyer replied 8 years ago

Your wife could still file the petition on your behalf although you would technically be out of status because any time that you are out of status would be effectively forgiven by your wife's petition as a U.S. citizen.

 

Irrespective of the date on your I-94, you would be considered out of status if you lose your H1B status and you would subject to deportation until your wife files a petition for you as a citizen.

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