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-   -   Laid off on H1 & petitioned Family based GC - - >inter-related ? (

venky_macho Jan 16th 2002 2:36 am

Here's my scenario:
Family based (second preference-2B) green card petition filed by my Green Card holder parent - NOTICE DATE - JULY 20, 1999 (Notice Type: Reciept Notice).

I entered USA on Jan 20th, 2001 on H1. Laid off on Jan 10th, 2002.

As I have already been petitioned for family based GC which I think will get approved in 2004 as per the dates available, what is my current status now in this scenario that I am laid off?

Irrespective of my family based GC petition, am I out of status because I have been laid-off. I've been trying for jobs & the job market is topsy-turvy. I have lost hopes in this bad state of job market & moreover gone are those days where employer were more than willing to sponsor H1 transfer. In this scenario, what options do I have? I somehow want to keep my status legal. Should I take a chance applying for B-1 & if so, what is the reason I should give the application form? What is the trend now in INS for this type of adjustment of status? Is the INS more than willing to approve this type of adjustment of status after all this tragic Sept 11 events? If I say obtain B-1, then after a few weeks if I find a job, is that going to be a new H1-petition from the employer or can H-1 transfer be made?

I'm sure the ACTA 21 law does not hold good for me as I should have entered USA before 21st DEC 2000. Right?

I appreciate all your suggestion/help in adv. Please help me as to what is the best I should do?

Stuart Jan 16th 2002 12:27 pm


It is important to remember that in the case of applying for B2 status when you've
got a GC petitions in place, that it *could* be reviewed as a frivolous application
requested for the sole intent of "buying time". Don't request a long B2 ... enough to
"wind up your affairs in the US", which should now be your primary goal. If you
happen to find employment in that time, great, if not you're ready to leave.


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