I485 Pending; lost H1B job

S

sojournerinusa

New Member
I need some advice very urgently. I have an USCIS appointment tomorrow to see an officer to request my I94 back. I would like to know what I should ask the officer.

Here is my summary:
H1B married to USC. I concurrently filed I130 and I485 on June 14, 2006. Two RFE's; I send the required documents. We get an interview letter for January 5, 2007. At the interview, the officer asks my USC wife the majority of the questions; He takes my I94 card, scribbles on my H1B visa(CwoP) and tells us, "Congratulations, your petition is approved. You should get your green card in 30-90 days depending upon your background check." On April 19, 2007 I took an infopass appointment to inquire about the status of the green card. The officer told me that my petition is pending with the FBI and to come back if I do not get the green card in 90 days.

On April 20, 2007, I lost my H1B job. I met with an immigration attorney and she recommended that I file for EAD and AP.

On April 24, 2007, I filed for EAD and AP as well as contact the local congressman's office. The USCIS local office told the Congressman's office that I should schedule an appointment and get my I94 back and continue on my H1B.

My questions:
If I get my I94 back, am I required to leave the country in the next few days as my 15 day grace period after the H1B will be up soon?
If I do not have to leave, do I need to find another H1B sponsor (non profit) as my H1B sponsor was non profit? How much time do I have to find another sponsor?

Any advice you can provide is greatly appreciated.
 
As far as I understand immigration law, there is something called DUAL INTENT, that allows people who initally came as non-immigrants to file an AOS like you did. I'd advice you not the leave the US, but wait for your AED to come through in under 90 days.

BY filing an AOS you cease to be here illegally, so worry not. You are fine.

It's always much easier to get stuff done in the US, than outside. I THINK!
 
you are now in AOS status. That is a legal status as long as your I-485 is pending. You don't need to find another h1b sponsor. You can just relax until your petition is adjudicated.

If you want to you can do what other H1B people do - transfer H1B to another job. Or you can get AOS EAD and work with it. You don't need AP, unless you plan to travel overseas. You are not required to leave the US.
 
LucyMO and myredskins,

Thank you very much for your response. I also contacted my attorney who said the same thing that you have said. Since my I-485 is based on my wife's petition and as long as the petition is pending, I'm considered legal. I'll have to either wait for the EAD or try another H1B with a new employer.
 
myredskins said:
As far as I understand immigration law, there is something called DUAL INTENT, that allows people who initally came as non-immigrants to file an AOS like you did. I'd advice you not the leave the US, but wait for your AED to come through in under 90 days.
Click to expand...
Dual intent is irrelevant, as long as the person didn't intend to immigrate when they last entered the USA, they can file for AOS, whether their visa is dual intent or not.
 
But realistically, how does CIS prove that a person never intended to immigrate here, when they last entered whether by F1, H1 etc? Having a non-immigrant visa, does not necessarily mean that a person did not have other intentions. My viewpoint!!
 
They (CIS) don't have to prove that the person didn't have immigrant intent. They only need to prove that you did when they are trying to get you for visa fraud, and at that point it would be up to you to prove you didn't.
 
If USCIS accuses an applicant of fraud, the burden of proof is entirely on the applicant. A case of "guilty until proven innocent".

myredskins said:
But realistically, how does CIS prove that a person never intended to immigrate here, when they last entered whether by F1, H1 etc? Having a non-immigrant visa, does not necessarily mean that a person did not have other intentions. My viewpoint!!
Click to expand...
 
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