F1 came to US using L1-Got laid off

[ReUnited 3]

Good afternoon, Ladies and Gentlemen,

My sister’s priority date is just 3 months from the current visa bulletin board. She is in F1 category. She came here last February through L1 visa. We got notified that she can continue gathering the paperworks for her petition. Just last week, we learned that she got laid off from her job that gave her L1 visa. She said she is allowed to stay here until Dec 15, 2020 (legally). We are thinking her pd might be current by then..what should we do? Can she still apply for the adjustment of status? How can we proceed for the adjustment if she is already laid off and the L1 visa is now void... Her last day in her work will be Oct. 15. 

I hope to hear advice from you. 
thank you so much and stay safe❤️❤️❤️

[aaron2020 11,651]

Hi,

 

Your sister has a 60 days grace period.  Not 2 months.  60 days after October 15 is December 14.  

If her PD is current in Table B of the December 2020 Visa Bulletin, then she can file for AOS.  She would need to file by Dec. 14 while she is still authorized to be in the US.  

If her PD is not current in Table B of the December 2020 Visa Bulletin, then she needs to leave the US. 

If she overstays, filing for AOS will result in a denial since overstay is not forgiven in the F1 category.  

What's her PD?  What's her country of birth?

[aaron2020 11,651]

Just looked over your other posts.

 

Was your sister born in the Philippines with a PD of March 2012?  Originally filed in the F2b category?

If yes to both questions, then she can file to adjust now since her PD is current in the F2b and F1 categories.  

[ReUnited 3]

34 minutes ago, aaron2020 said:

Hi,

 

Your sister has a 60 days grace period.  Not 2 months.  60 days after October 15 is December 14.  

If her PD is current in Table B of the December 2020 Visa Bulletin, then she can file for AOS.  She would need to file by Dec. 14 while she is still authorized to be in the US.  

If her PD is not current in Table B of the December 2020 Visa Bulletin, then she needs to leave the US. 

If she overstays, filing for AOS will result in a denial since overstay is not forgiven in the F1 category.  

What's her PD?  What's her country of birth?

Thank you for replying..her Pd is March 2012 and the country of birth is Philippines.

[ReUnited 3]

26 minutes ago, aaron2020 said:

Just looked over your other posts.

 

Was your sister born in the Philippines with a PD of March 2012?  Originally filed in the F2b category?

If yes to both questions, then she can file to adjust now since her PD is current in the F2b and F1 categories.  

Yes, you are right. She’s from Philippines with the pd of March 2012 and originally was filed under f2b but got adjusted to F1 due to our mom got naturalized about 3 yrs ago...

[igoyougoduke 1,614]

1 hour ago, ReUnited said:

Good afternoon, Ladies and Gentlemen,

My sister’s priority date is just 3 months from the current visa bulletin board. She is in F1 category. She came here last February through L1 visa. We got notified that she can continue gathering the paperworks for her petition. Just last week, we learned that she got laid off from her job that gave her L1 visa. She said she is allowed to stay here until Dec 15, 2020 (legally). We are thinking her pd might be current by then..what should we do? Can she still apply for the adjustment of status? How can we proceed for the adjustment if she is already laid off and the L1 visa is now void... Her last day in her work will be Oct. 15. 

I hope to hear advice from you. 
thank you so much and stay safe❤️❤️❤️

 

if she has no legal status  while  filing, she will be unable to adjust status and has to do consular processing . The Law is what it is 

 

60 days grace period is only authorized status not legal status.  Again if USCIS interprets she has no underlying legal status, she will be denied AOS 

[igoyougoduke 1,614]

1 hour ago, ReUnited said:

Good afternoon, Ladies and Gentlemen,

My sister’s priority date is just 3 months from the current visa bulletin board. She is in F1 category. She came here last February through L1 visa. We got notified that she can continue gathering the paperworks for her petition. Just last week, we learned that she got laid off from her job that gave her L1 visa. She said she is allowed to stay here until Dec 15, 2020 (legally). We are thinking her pd might be current by then..what should we do? Can she still apply for the adjustment of status? How can we proceed for the adjustment if she is already laid off and the L1 visa is now void... Her last day in her work will be Oct. 15. 

I hope to hear advice from you. 
thank you so much and stay safe❤️❤️❤️

If she got laid off that she has no legal status after the day of lay off.  I dont know who told her that she can stay till Dec 15th legally.  If she files AOS she will be asked proof of legal status and she wont have any for the gap 

[aaron2020 11,651]

8 minutes ago, ReUnited said:

Yes, you are right. She’s from Philippines with the pd of March 2012 and originally was filed under f2b but got adjusted to F1 due to our mom got naturalized about 3 yrs ago...

Her PD is current in Table B of the Visa Bulletin.  She can file to adjust now.  Highly suggest you go see an immigration attorney as soon as possible. 

[ReUnited 3]

1 minute ago, James120383 said:

If she got laid off that she has no legal status after the day of lay off.  I dont know who told her that she can stay till Dec 15th legally.  If she files AOS she will be asked proof of legal status and she wont have any for the gap 

Yes, that is what we are trying to find out with regards to adjusting her status her..when we checked the forms for the adjustment of status, (abt a month ago when she was not yet laid off) there are parts about how she came here legally and she needs to show evidences..But now that she got laid off, it is now different and would be hard to fill up those forms...

she spoke to their company’s lawyer and she was told that she has 60 days grace period as what @aaron2020 mentioned above...we are so confused that we even paid the IV fee yesterday but I thought of asking here to learn more..

Thank you so much for your reply.

[ReUnited 3]

9 minutes ago, aaron2020 said:

Her PD is current in Table B of the Visa Bulletin.  She can file to adjust now.  Highly suggest you go see an immigration attorney as soon as possible. 

Do you have an idea how much to see an Immigrant Lawyer? Thank you.

[aaron2020 11,651]

23 minutes ago, ReUnited said:

Yes, that is what we are trying to find out with regards to adjusting her status her..when we checked the forms for the adjustment of status, (abt a month ago when she was not yet laid off) there are parts about how she came here legally and she needs to show evidences..But now that she got laid off, it is now different and would be hard to fill up those forms...

she spoke to their company’s lawyer and she was told that she has 60 days grace period as what @aaron2020 mentioned above...we are so confused that we even paid the IV fee yesterday but I thought of asking here to learn more..

Thank you so much for your reply.

You should have came here to ask questions before paying the IV fee.

Your sister has one of two choices. 

1.  Leave the US before her grace period ends.  Return to the Philippines for her visa interview.  Hope that Trump doesn't get reelected and extends the ban on family preference cases (F1 and F2b are included).  Get an immigrant visa and enter the US to get her green card.

 

2.  File for AOS while she is in status.  Pay the I-485 fee, etc.  She will lose the money paid for the DS-260 IV fee that was paid yesterday.  Wait many months for her EAD before she can work.  

An immigration attorney will charge a few hundred for a consultation.  AOS will probably cost a few thousands.  

[ReUnited 3]

13 minutes ago, aaron2020 said:

You should have came here to ask questions before paying the IV fee.

Your sister has one of two choices. 

1.  Leave the US before her grace period ends.  Return to the Philippines for her visa interview.  Hope that Trump doesn't get reelected and extends the ban on family preference cases (F1 and F2b are included).  Get an immigrant visa and enter the US to get her green card.

 

2.  File for AOS while she is in status.  Pay the I-485 fee, etc.  She will lose the money paid for the DS-260 IV fee that was paid yesterday.  Wait many months for her EAD before she can work.  

An immigration attorney will charge a few hundred for a consultation.  AOS will probably cost a few thousands.  

Yeah..I was telling her that I will ask here first but I guess due to she got laid off last week, she kind of started to panic that is why she wanted to pay the IV Fee already..we also have two brothers who are with same pd like her who are in the Philippines and we already submitted all their docs 2 weeks ago and one of them got  his docs reviewed already and got an email from NVC saying that his docs are complete and just need to wait for the interview sched..

Yeah..we are hoping and praying that the suspension of visa for their category will not extend anymore and that they can finish and come here within the first quarter of next year..

Thank you so much, aaron2020 😊

[igoyougoduke 1,614]

3 hours ago, ReUnited said:

Yes, that is what we are trying to find out with regards to adjusting her status her..when we checked the forms for the adjustment of status, (abt a month ago when she was not yet laid off) there are parts about how she came here legally and she needs to show evidences..But now that she got laid off, it is now different and would be hard to fill up those forms...

she spoke to their company’s lawyer and she was told that she has 60 days grace period as what @aaron2020 mentioned above...we are so confused that we even paid the IV fee yesterday but I thought of asking here to learn more..

Thank you so much for your reply.

 

grace period is not legal status. so many people get confused and lawyer advise incorrectly. In order for Adjustment of status one needs to have a status. Grace period allows people to find a new job or leave the country. she can find a new job and that will be ok in that 60 days. make sure to file AOS after a new job 

 

she can file immigration petition and opt for consular processing as she is now Immediate relative due to mom being a citizen. 

 

 

[Boiler 43,770]

Was she given notice or was she terminated last week.

[ReUnited 3]

2 hours ago, Boiler said:

Was she given notice or was she terminated last week.

She was given a notice last week and her last work will be on Oct. 16.

Edited October 9, 2020 by ReUnited