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

Asked 6 months ago - 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´╝ü

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . 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... more
  2. Michael Gary Kohler

    Pro

    Contributor Level 7

    2

    Lawyers agree

    1

    Answered . 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... more
  3. Glenn Johnston

    Contributor Level 17

    2

    Lawyers agree

    Answered . 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.
  4. Alena Shautsova

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,528 answers this week

2,917 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,528 answers this week

2,917 attorneys answering