Can I stay in US if my employer terminates my h1b while I wait for my green card through marriage ?

Asked over 1 year ago - Newark, NJ

I am H1B holder staying in US married to a US citizen . I recently did my biometrics and I am waiting for my GC based EAD and Finally GC . I expect my EAD within a couple of more months . Now what if I lose my employment and thus my HOB status . Can I still stay legally in US till my EAD or GC gets approved ? My employer is sending me to a different state for project , but I wish to stay with my wife and look for work opportunity in same state ( NJ ) . I am concerned as I may lose my job and thus H1b with my current employer if I say NO to relocation . Also do I need to give any legal notice to my employer about my marriage and marriage based GC application and my plan to work on EAD ( once I get it ) instead of H1B ?

Additional information

*HOB is H1B (autocorrect typo)

Attorney answers (3)

  1. J. Thomas Smith Ph.D.

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    Answered . Yes, you can stay until GC is approved. You will not be required to leave while you visa and AOS application is pending. No! you are not required to inform your employer of your marriage.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  2. Alena Shautsova

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    Answered . I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  3. Samuel Patrick Ouya Maina

    Contributor Level 19

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    Answered . You can remain in the US whether you are employed or not, whether your H1B is terminated or not, because you have a pending adjustment application based on marriage to a US citizen.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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