Married to US Citizen, applying for GC but was fired from job (h1b) STATUS?

thenkeisays

New Member
Hello,

Here is my current situation:
Filing for my green card (I-130, I-485, I-131, I-765) and will be filing concurrently.
I came into the US as a student under F1 visa --> OPT ---> h1b.
My husband is a US Citizen and we got married last October 11th, 2012.
I was fired from my job right before this and I was under the H1b status.
My I-94 (received when my H1b was approved) expires on 12/11/2014.

I have a few questions regarding my situation, if I could get some advice I'd appreciate it.

Form i-131:
1. I will be attaching my I-797A (from previous employer) as proof of my status + I-94 expiration date is noted. This is the only proof I have of my most recent status in the US, is this alright?
2. Also, should I enclose a letter explaining my status that I was laid off my job?

Form i-484:
3. Should i state "H-1B Visa overstay" on "Current USCIS status"?
4. Also will be attaching my I-797A

Form i-765:
5. In question 11 do I say YES since I had OPT and do I state the USCIS Office/date/results of OPT or do I mention that my h1b was granted? It says to attach all documentations so I was planning on attaching my entire h1b employment application package my previous lawyer prepared (this includes I-797A in front, I-907, I-129....)
6. In question 15 do I say "H-1B Visa overstay"?
7. In question 16 should I state (c)(9)

Form i-131:
8. In question 3 my class of Admission is H1b?
9. We are planning on flying back to my home country this year, I am attaching a letter requesting Advance Parole Document- is this correct?
10. Also attaching I-797A

I am sorry for all the questions, I'm just hoping to be able to get everything approved so I could start working and receive my Green Card smoothly. Any help would be great, thank you in advance.
 
1. Include both the I-94 from your last entry into the US (which may have been F1) plus the I-94 that is attached to your H1B approval notice.
Don't explain that you got laid off; it's irrelevant. Whether you were laid off or left the job voluntarily, you're supposed to leave the US if you're not quickly moving into another job.

Write "H1B out of status" for your current status. Technically it's not an overstay because your I-94 hasn't expired yet.

5. Answer Yes, and explain about the OPT. H1B does not count as "employment authorization" for this purpose. Choose "permission to accept employment", not renewal.
6. "H1B out of status"

8. "Class of admission" is what you used to enter the US at your last entry (F1 visa?).
 
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