Unemployed out of status H1-B before I-485 filing

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fintrade

Registered Users (C)
Hello, I entered the US legally through an H1-B visa, it's valid for another year but I just got laid off and have no new employer yet. I am married to a citizen and I plan to file my I-485 soon. Two questions:
1. what's my current USCIS status and expiration? can i write out of status H1B then the day I got laid off as the expiration date or go with my latest Visa expiration date?
2. My previous employer filed PR application for me but i'm nowhere near the priority date. So when asked if i've ever filed for PR and what status, what do I answer? my worry is my prior employer has taken back the application they filed for me.

Many thanks for your help.
 
Your current status is on your latest I-94 in your passport. File I-485 BEFORE your I-94 expires.
Do you have any documentation that shows your employer filed I-140? If so, answer YES to that question. It does not affect your I-485 filing.
 
You are trying to get too technical. Your USCIS status is H1-B and the expiration is the date on your latest I-94. Thats what I used although I was also out of status. Allow the reviewing officer to use their brains a bit. ;)

fintrade said:
Hello, I entered the US legally through an H1-B visa, it's valid for another year but I just got laid off and have no new employer yet. I am married to a citizen and I plan to file my I-485 soon. Two questions:
1. what's my current USCIS status and expiration? can i write out of status H1B then the day I got laid off as the expiration date or go with my latest Visa expiration date?
2. My previous employer filed PR application for me but i'm nowhere near the priority date. So when asked if i've ever filed for PR and what status, what do I answer? my worry is my prior employer has taken back the application they filed for me.

Many thanks for your help.
Click to expand...
 
Thank you very much!

nkm-oct23 said:
Your current status is on your latest I-94 in your passport. File I-485 BEFORE your I-94 expires.
Do you have any documentation that shows your employer filed I-140? If so, answer YES to that question. It does not affect your I-485 filing.
Click to expand...
 
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