AOS Derivative applicant out of job

W

worldciti

New Member
Hi gurus

My spouse was on H1B and became a derivative applicant on my AOS application. He was laid off recently and is not employed. He has EAD. He is planning to go out of the country for some time. Will it be an issue at the port of entry if he does not have a job? what should he tell the officer when he is entering?

Please help!!!
 
If he does not have a job, he may not be eligible for H-1B status anymore, as he has already lost his H-1B status because of lack of employment. Therefore, he needs to return using an approved Advanced Parole document. His EAD is not relevant for entering the country - only the fact that he has a pending I-485 is relevant, and thus he needs to have a valid AP document. He should not travel without first obtaining a AP document, otherwise he may be deemed to have abandoned his I-485 and be denied entry.
 
I am also derivative and AOS.
I have EAD and AP and had left the country for a month using AP. When I returned I was asked if I was currently working.
Answer: No, but I have valid EAD.
Is your spouse working?
Answer: Yes
Where?
Gave name of employer.
No problem at all entering.
just takes a while for them to search all their computer files before they stamp your papers.
 
Your spouse is legally in the US by virtue of a pending I-485 - and can thus use his AP document to reenter. He does not need to have a job to remain legally present in such a situation.
 
ca886280 said:
Did someone read the following posting?

Is it true that pending I-485 (employment based) with valid EAD but out of job could be possible 'Out of Status’?

http://www.trackitt.com/discussion-forums/i485-1/237011787/page/1/
Click to expand...

Without valid visa, anyone with pending I-485 with or without EAD is out of status but in legal stay in US and even can work with EAD and travel and come back with AP. The pending I485 means that the UCSIS checking the person's application to adjust his status to be permanent residence or not. If granted, well and good he will be in status (GC), if denied he will not only be out of status but additionally he will be illegally present in US.
Status=visa either immigrant (GC) or non immigrant (H, J, F, O .......etc).
To make it simple if you have pending I485 you just fine till a decision made in your pending application and do not worry of the meaning of the status is.
 
So out of job is "Out of Status", but is that jeopardizing pending I-485 (AOS)?

So that guy in

http://www.trackitt.com/discussion-forums/i485-1/237011787/page/1/

was "Out of Status" for sure then.

But is out of job with I-485 pending jeopardizing AOS? Could USCIS reject a pending application by following rationales?
1, Application is "employment based"
2, Applicant is unemployed, plus
3, Applicant is "Out of Status"
So the "employment based" application has already lost the ground therefore the pending I-485 could very likely be rejected.

What is missing in this picture? Anyone, please help. Thanks.
 
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