Urgent question: status after NIW approval

G

godisgood

Registered Users (C)
My NIW got approved last week but I lost my job in the same time. I am ready to file 845/EAD/AP now. What is my current status since my previous company is going to cancel my H1B.

Since job offer is waived by NIW, I should be legal now even out of job? Am I right?
 
The reply is absolutely right. You have got to file 485 (and AP/EAD) as soon as possible without any delay. Once your H1 gets cancelled, you become out of status and you cannot file 485 after that unless you file for change of status. Probably you should send your 485 by priority mail or something.
 
Originally posted by godisgood
My NIW got approved last week but I lost my job in the same time. I am ready to file 845/EAD/AP now. What is my current status since my previous company is going to cancel my H1B.

Since job offer is waived by NIW, I should be legal now even out of job? Am I right?
Click to expand...

I think you are out of status at the time you got layed off. There is a discretionary period that you can stay to pack up you stuff and leave this country. You had better file for next visa to keep your presence in USA legal. You options include filing I-485 or B1. Check with immigration laywer to make sure. Good luck.
 
file 485

I guess there would be some time period between now and cancellation of H1 ( am I right). your NIW allows you to change as many jobs/locations as you want as long as you remain in the proposed area of work. 485 gives you authorized stay until adjudication. since you already applied for 140, you may have difficulties getting B1/J1 as they are considered nonimmigrant.
I would always file for 485 to be in status. file for your family also if you have one.
 
If I read it correctly somewhere, the day you loose your job, you technically become out of status (with regards to H1) and you start accumulating the "out of status" presence. But BCIS might be willing to overlook the presence if you file "anything" (change of status or in your case, 485) if it is within a reasonable time period (some say 10 days). But I think its completely discretionary on BCIS's part. So file 485 as quickly as you can, though one of the requirements of being able to file 485 is that you need to be in-status, technically you are out of status right now. Anybody correct me if I am wrong.
 
If USCIS becomes aware of any illegal presence, they are almost certainly not going to permit AOS. That was one of the purposes of 245i and since Congress has not seen fit to extend 245i yet, they rarely (in fact, I have never seen it) adjust anyone if they are aware of an unauthorized presence.
 
You must log in or register to reply here.
Top