Laid off from the job while filed for GC through marriage

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elprashant

Registered Users (C)
Urgent : Laid off from the job while filed for GC through marriage

Hi,

I was working with one company on H1 and meanwhile, I filed for Green Card through marriage basis. I got EAD Card and apporoval and next month I have interview for GC.....

Well I am laid off last week due to budget issues with the company.

I have several questions :

1. I have EAD Card, do I have any legal issues to stay in the USA as my job was on H1B, is ended ?

2. Can I claim for unemployment benefits ?

1. if yes, what are the consequences on my GC interview...
2. are there any future damages if I take unemployment benefit now ......

3. I have showed secondary sponsorship support along with my wife as main sponsorship in GC filing, right now i am off the job..

As my wife can show enough support for financial terms with I864 form ..


In the interview letter , they are asking for employment letter for each sponsors, W2 forms and last two month pay stub as they mentioned in the letter....

Well What Can I show now.....

I can show W2 forms and last paystubs .... but not the paystubs for the month of Jan and Feb ; as my interview will be in 3rd week of Feb ...


Thanks for the kind responses..
 
Last edited by a moderator:
elprashant said:
1. I have EAD Card, do I have any legal issues to stay in the USA as my job was on H1B, is ended ?
Click to expand...

Since you have a pending I-485 (the EAD is irrelevant) you are legal to stay.

2. Can I claim for unemployment benefits ?
Click to expand...

Yes. No effect on your GC, unless you were using your income in the affidavit of support to meet the income level, which you were not.

Well What Can I show now.....
Click to expand...

You tell them you are unemployed, and no longer can be a sponsor. You'll probably need a new I-864, with just your wife on it.
 
See, you said probably to file new 864 .....

So shall I send it now, or I can submit at the time of interview........;;As in interview letter, they mentioned that you have to bring I 864 and associated income documents, financial statements of each sponsor... if you have not submitted prior ........;;

What should I do now....Shall I send it now..........????
 
I would make an InfoPass to your local USCIS office, get your wife and talk to the USCIS officer - they can tell you all you need in this situation (dont be afraid to describe your situation, unless you have a fake marriage :) ). No lawyer needed.
 
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