Azzlain

Hi all,

I know that this question is probably better asked of an immigration attorney, however with Christmas coming, we are getting a little worried and just need a little piece of mind.

I have been here on a Cap-Exempt H1b since June 2012 (my Visa expires on May 6th 2015), and there is now a 98% chance that I could be made redundant in the New Year. This being the case I have been looking around for other positions, I have come across one that says that they are willing to do a Visa transfer, however from what I understand, as this company would be subject to the Visa cap they will have to wait until April 1st to file with USCIS, and I won't be able to work with the company until October 1st, is this correct?

If it is correct does that mean, for 7 months I am supposed to be out of work? Can I work on the confirmed LCA, off the back of the cap exempt H1b?

I am going to apply for a Green Card through marriage when the Tax Return comes in next year, however I am worried that I will lose my position before the EAD comes through.

Also, if I lose my position before I get the confirmation that USCIS have received my documents for the Green Card petition, does that mean that I have to then leave the country? (Though I have a wife and child here, who are both US Citizens).

Sorry for the long winded post

Noorah101

My advice is not to wait for the tax return. File your AOS based on marriage to a USC right now, and avoid the work visa hassles.

Rene

Azzlain

The problem that we have is that we don't have the money available at the moment to file for AOS, hence why we are waiting for the tax return.

Guindalf

Rene is wise. The quicker you apply, the better.

I realize that, especially at this time of year, money is tight, but forego that daily cup of Starbucks in favour of getting your application in (or apply for a no-interest credit card, charge it to that and pay it off as soon as you get your tax refund if your credit is good enough).

Things to avoid are payday loans and promises of an instant refund from H&R Block or other tax preparer as these all carry high interest and/or fees.

Whichever way you go, good luck!

scrubbedexpat099

Not sure you can pay for the fees with a credit card but absolutely file asap.

You may well be able to get EAD expedited.

ian-mstm

Borrow the money or sell something... but file for AOS immediately.

Ian

Michael

Ditto. If you get laid off, you won't be able to work unless you can find another cap exempt organization that will hire you until your EAD is in hand and that will just cause more difficulties paying your bills and possibly broke when you get your tax refund. I can't think of one good reason not to immediately file for the AOS other than you are currently short of money.

Noorah101

I agree with the others, borrow the money for AOS and get it filed. Repay that money if you get a tax refund or whenever you've saved it up.

Rene

RICH

Maybe the new job will loan you for the AOS? - perhaps cheaper & quicker than doing a visa transfer (I have no idea what a H visa transfer involves).

sherbert

As far as I understand it, cap-exempt H1b visas cannot be transferred to a regular H1b visa so yes, you will have to go through the H1b process that starts in April for October start.

md95065

Which is why filing for AOS as soon as possible is a much better solution.
Not to mention the fact that (assuming that there are no unusual circumstances) the likelihood that AOS will be successful is pretty much 100% while the chance of getting a non cap exempt H1-B is much lower.

NatashaB

Far more expensive if you end up out of status and have to leave the country!

S Folinsky

As a general rule, your significant other does need her 2014 tax returns to do the I-864. The 2013 return will do just fine along with the information from the 2012 and 2011 returns.