Berkley, MI Immigration Law Firms & Lawyers

This gets complicated, so the answers may vary. First, if you did not extend your work visa, then there is no grace period unless you just graduated university in the last 30 to 60 days. Second, once you 'properly file' for adjustment, then you are in status. Some applications are rejected or delayed due to applicant oversights. If you travel while an overstay and are discovered, you 'may' be served a notice and complaint for deportation. This means that you must appear in immigration court. If you are subject to the J1 2 year residence abroad rule, you cannot adjust status unless a waiver is granted.

It sounds like you'll need a co-sponsor. If your fiance can currently work legally in the US under his current status you may be able to include his income for the Affidavit of Support.

Since you are in Canada, the most common scenario is that if you are still there at the time that you secure a job offer from a US company, the company can petition for a new H-1B since you did not use up the entire six years maximum stay from your prior H-1B employment. Once approved, you would either visa process at an American consulate in Canada if you are not a Canadian citizen, or simply enter the US with the H-1B approval if you are a Canadian citizen. You would of course have to adhere to the Covid-19 protocols. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.