Out of status, applying family based immigration

the_chosen

Registered Users (C)
Hi,

My friend recently got married. His wife is a US citizen and he has entered the states legally(on H1B). His marriage is registered in the US. However, since entering he lost his job and his H1B application has been revoked by the company. Technically he is out of status for a few days now. My question is should he file for adjustment of status(I-485) and EDA(I-765) along with I-130? Or should he leave the US and wait for I-130 to be processed?
 
He should remain in the US and pursue AOS. He entered legally with H1B and is married to a US citizen, so he'll be allowed to do AOS even though he's out of status when the I-485 is submitted.
 
He should remain in the US and pursue AOS. He entered legally with H1B and is married to a US citizen, so he'll be allowed to do AOS even though he's out of status when the I-485 is submitted.

Thanks for the quick answer.

So for I-130/485 should he leave the field for current employer as blank?
Will his current non employment affect his GC application? A
Also would it be a good idea to get on F1/B2 visa instead of H1B?

My advice is to do the same:
1. File I-130/485/765 asap and get AOS pending status
2. Try to find a new H1B sponsor meanwhile.
 
So for I-130/485 should he leave the field for current employer as blank?
Yes.

Will his current non employment affect his GC application?
No. Marriage-based applicants are not required or expected to be employed. However their US citizen or green card holder spouses are expected to be employed for the purposes of the I-864 (Affidavit of Support).

Also would it be a good idea to get on F1/B2 visa instead of H1B?
He's eligible for AOS, so it would be a waste of time and money to apply for another visa or find an H1B sponsor. While he's waiting for the green card, Advance Parole (I-131) and Employment Authorization Card (I-765) will allow him to travel and work without a visa.
 
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