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Would the termination of my H-1B negatively affect my marriage based I-130 petition, I-485 and I-765 application?

New York, NY |

I have been working for my current employer on a valid H1B for the past 1.5 years. My U.S. husband and I filed I-130, I-485 and I-765 three weeks ago, to change my status to permanent resident. We received the I-797C notices last week. If I lose my job in the coming weeks, would it terminate my H1b, would I be out of status, and would it negatively affect my marriage based I-130 petition, I-485 and I-765 application? Could I still stay in the U.S. legally and wait for the approval of the I-130 petition, I-485 and I-765 applications? Many many thanks!

Attorney Answers 4


  1. Alot will depend on the reasons for the termination.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. I agree with Mr. Segal. I recommend that you seek the assistance of an immigration attorney before you lose your job.

    I would also be concerned about the length of time the K-1 visa is good for.

    This does not constitute legal advice or the engagement of my services as an attorney.


  3. If you're married to a USC and if you have been lawfully admitted to the U.S. in a valid non-immigrant status (looks like you have been as an H1B), then the fact that you fall out of status will not effect your marriage based adjustment case. I still would recommend speaking with an immigration attorney to confirm the facts and circumstances of your case.

    The information provided in this answer is for informational purposes only, and should not be construed as legal advice. Please be advised that any communication through this website or via email does not create an attorney-client relationship.


  4. If your husband is a US citizen, you will be ok even if you lose your H1B status.

    New York Immigration lawyer. 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.

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