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

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 ?

*HOB is H1B (autocorrect typo)

Attorney Answers 3

Posted

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.MyImmigrationLawyer.info

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Posted

Thanks J. Thomas Smith

Posted

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, Suite 707 San Francisco, CA 94104

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Thanks samuel

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You are welcome. Good luck.

Asker

Posted

I know I can't work once i lose my h1 status, but while I sit at home waiting for my EAD/GC do i pay any kind of tax during that period?

Samuel Patrick Ouya Maina

Samuel Patrick Ouya Maina

Posted

You pay tax based on income earned during the year.

Posted

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 be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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