H1B Status after Filing Marriage Based AOS

L

lardbird

Registered Users (C)
We recently filed AOS w/ I130, 131 & 765 for my H1B wife. I am a USC. She would like to leave the sponsoring company and be unemployed for the remainder of the calendar year. I have the means to support her in this.

I recently called the Nat'l Customer Service Line to confirm that she could remain in the US on the pending 485 case. Their response startled me a little bit and I wanted to pose the issue to others with experience, as I sometimes put very little faith in the accuracy of their responses.

The response was that when we filed her 485 case, her H1B became invalid as she immediately went into a AOS-ending status. So she is technically working without authorization. One cannot hold two statuses at the same time. While I understand the "two statuses" point, I find it difficult to believe taht her H1B status is invalid and she is working illegally. She reason I struggle witht his issue is that the AP application says that if she meets two criteria she does not need AP...the criteria are 1) valid H1B visa and 2) an AOS has been filed for her. If CS statement is correct, how can anyone meet both requirements and therefore why print it as an exception to the AP requirements?

Anyone with experience on this issue? At interviews, has anyone been called out for continuing to work on H1B status after marriage based 485 filing?

Best regards,
LB
 
H1B is still valid

I am H-1B married an USC and file the AOS through family basis and I am still working. Recently, I hired an attorney to file I765, no one said my H-1B became invalid. It shouldn't.

BTW, I am very frustrated with NCS services, most of them don't know anything, rarely give you any valuable information, sometime, even provide you misleading or inaccurate information. I basically stop calling them:(

lardbird said:
We recently filed AOS w/ I130, 131 & 765 for my H1B wife. I am a USC. She would like to leave the sponsoring company and be unemployed for the remainder of the calendar year. I have the means to support her in this.

I recently called the Nat'l Customer Service Line to confirm that she could remain in the US on the pending 485 case. Their response startled me a little bit and I wanted to pose the issue to others with experience, as I sometimes put very little faith in the accuracy of their responses.

The response was that when we filed her 485 case, her H1B became invalid as she immediately went into a AOS-ending status. So she is technically working without authorization. One cannot hold two statuses at the same time. While I understand the "two statuses" point, I find it difficult to believe taht her H1B status is invalid and she is working illegally. She reason I struggle witht his issue is that the AP application says that if she meets two criteria she does not need AP...the criteria are 1) valid H1B visa and 2) an AOS has been filed for her. If CS statement is correct, how can anyone meet both requirements and therefore why print it as an exception to the AP requirements?

Anyone with experience on this issue? At interviews, has anyone been called out for continuing to work on H1B status after marriage based 485 filing?

Best regards,
LB
Click to expand...
 
Never rely on the advise you get from the so called customer service. They are just a bunch of fools. Applying for AOS DOES NOT affect your wife's H1 status.
 
I am On J-1. with penfding _485 (family-based). In general I was worried what my status would be after my J-1 's over. Since I knew that I can keep my present J-1 status til the date it's realeased. I got an advice by attorney and NCSC also that I am within J-1 until it's issued and I can work with my employer untill the end of the satutus.
So nothing to worry.
I was more worried about it When it expires.
Luckily many of you gus are very helpful.
 
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