Legal Question in Immigration Law in Illinois

I am on H1B and I am skeptic that my company is starting layoffs by end of the month. I am wondering about the scenario, if I get laid off then how I can maintain legal status.

My first preference would be to get a new job. But just in case, if I am not able to find a job before I get laid off then what are other alternatives to it?

I was thinking of going into F2 status, (F-1 Dependent). If my spouse apply for admission in a school and receive an I-20, is the I-20 issuance day is the start of the legal status? Let's say I get laid off on Jan 25th 2013 and my wife's I-20 is issued on Jan 26th 2013 and the same day I apply for dependent I-20 at the school. Am I in valid status? What are other alternatives to remain in-status by F2 visa?


Asked on 1/09/13, 10:50 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Your spouse would have to formally apply for a change of status, from H-4 to F-1, and be approved, before you could apply for a change of status from H-1B to F-2.

If you think you are going to get laid off, your best option is to look for another job now & apply for a change of employer H-1B visa asap. USCIS might be lenient if there is a gap in employment, as long as it is not too extensive.

There are several possible, but not necessarily optimal alternatives, depending on what country you are from, if you have money to invest in a U.S. business, etc. You should contact an Immigration Attorney for a more complete discussion of these issues.

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Answered on 1/09/13, 2:21 pm


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