What to do if we came to the US about 2 1/2 years ago on H1B/H4 visas but my husband has since lost his job and now we are now out of status?

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What to do if we came to the US about 2 1/2 years ago on H1B/H4 visas but my husband has since lost his job and now we are now out of status?

He lost his job due to the fact the employer could no longer afford to keep him. Would my family and I qualify to apply for RPI? I read that it would apply to us if we entered before just after we in fact entered and out of status when applying. Is that correct?

Asked on May 24, 2013 under Immigration Law, Arizona

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 10 years ago | Contributor

RPI is not a law and you cannot assume any changes to immigration laws until they are finalized. If he has recently lost his job, you should immediately change your status to tourist, students, a new H1b or leave the US.


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