If lost job (H1B), still able to file AOS and I-130?

S

SG_H1B1

Registered Users (C)
Although I am not currently in this situation, but I am getting a bit worried regarding this:
I am currently on H1B visa, my fiancee and I just had our civil marriage registered. We are currently preparing to file AOS and I-130 + EAD + Advance Parole. My company is not doing too well and if I happen to lose my job right now, does anyone know if I would be considered out-of-status for my H1B? If so, would I still be able to file for AOS + EAD + Advance Parole? How safe am I really?
Would appreciate any advice. Thanks.
 
If you are already married and your wife is USC, then do not wait a single day, go and apply I 130 / I 485 EAD etc immediately. Once you have receipt for I 485/I 130 EAD then you are ok afterwards even you loose your job.

At the time of applying above, you must be in status, even not you may have to pay penalty - couple of thousands $ to get away with any problem. But if you delay filing your I 130/485 then you are not doing correct things now.
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SG_H1B1 said:
Although I am not currently in this situation, but I am getting a bit worried regarding this:
I am currently on H1B visa, my fiancee and I just had our civil marriage registered. We are currently preparing to file AOS and I-130 + EAD + Advance Parole. My company is not doing too well and if I happen to lose my job right now, does anyone know if I would be considered out-of-status for my H1B? If so, would I still be able to file for AOS + EAD + Advance Parole? How safe am I really?
Would appreciate any advice. Thanks.
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Last edited by a moderator:
Thanks great guru. I am currently gathering information and documents to file ASAP. My concern is that say if I lose my job tomorrow or anytime before I file and receive the notices, what state would I be in? Will I be considered out of status? Or is there a grace period for my H1B?
 
great guru said:
At the time of applying above, you must be in status, even not you may have to pay penalty - couple of thousands $ to get away with any problem.
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This is absolutely incorrect. Overstays and being out of status is always forgiven without any penalty for immediate relatives of US citizens.

I'd concentrate more on ensuring the applications are correct and properly filed. If you rush together a half-baked petition that gets rejected, that will certain cost you a lot of money - and it's entirely unnecessary.
 
great guru said:
If you are already married and your wife is USC, then do not wait a single day, go and apply I 130 / I 485 EAD etc immediately. Once you have receipt for I 485/I 130 EAD then you are ok afterwards even you loose your job.

At the time of applying above, you must be in status, even not you may have to pay penalty - couple of thousands $ to get away with any problem. But if you delay filing your I 130/485 then you are not doing correct things now.
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Wow. What a load of crap. Please don't give advice if you have no idea what you are talking about.

To the OP. If you fall out of status, you can still file for a green card. USCIS cannot hold any time out of status against you while adjudicating an AOS application. I know people who were out of status for almost 10 years, and still got green cards without paying any fines or even hiring a lawyer.
 
Thanks very much. I shall discard my worries and concentrate on getting my applications together soon.
 
Try to submit as early as possible. However, it makes no difference to USCIS whether you are still in H-1B status or not the day they receive your submission. You will be ok in either scenario. Also if you have already had your civil marriage, she is no longer your finacee', she is your wife :)
 
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