USC spouse on H1B - losing job - I-485 not yet submitted

I

imaya

Registered Users (C)
Hello All,

I recently married a US citizen. I am currently on H1B and the employer GC is NOT in process. Last week we sent a written request to the local field office and are waiting for the appointment confirmation. Unfortunately, writing to them is the only way to get an appointment for applying I-485 etc.

Meanwhile, there is a possibility that I might get affected in the next layoffs at work this week. From my understanding that will put me out of status.

In this scenario, what are my options? Will I be immediately out of status? Or, will I have few days after that to apply for AOS? If so, how many? Or since I have already requested appointment, will that suffice to make my stay legal? Will I have to return to my country of origin and apply for green card or another H1/F1 etc from there? :confused: Please help.

Thanks in advance.
 
Hello again,

I heard that I can apply for GC until 60 days after losing the job. Is that true? I'd appreciate any input in this matter.

Thanks.
 
imaya, do not take a chance, file for your family based GC, that way you will atleast have a receipt notice or something, and if AOS is pending youwill be safer than not having anything pending. where are you going to be applying, I am in the same boat and am sending out my application tommorrow, apr 9. Good Luck.
 
Hello,

Thanks for the response. I cannot send my application by mail. We both have to submit all the forms in person at the local BCIS office. And the only way to make an appointment is by writing to the BCIS office. I did that the day after our wedding and are waiting to get an appointment. My concern was what if I lose my job before the appointment date given by the BCIS office.

Good luck to you too.
 
that is wired. I never heard that you need to make an appointment for sending application. which is your local district office. Could you tell me where you learnt that you need to make appointment?

I am at Dallas. Anyone here in Dallas knows about this rule?
 
This is the Tampa Field Office. We actually went to the BCIS office and were given instructions on where to call/write for appointment. I was told to speak with the information officer, we need an appointment. The web site says the same too.

Calling to make an appointment doesn't work. The selection to make an appointment simply repeats the message to call or write to the office giving the same phone number that I called. So, as instructed, we mailed a certified letter asking for appointment and are waiting with fingers crossed.
 
Update

I finally did get through on the phone to make an appointment and was given an appointment for mid May. When I asked the lady if there is going to be a problem if I lose my job before the appointment, she said I will be out of status for a little while, but will not be penalized for that. It sounds like it is going to be ok.

I saw another post about similar situation. Does anybody know for how long, if at all, one can be out of status?
 
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