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I am in H1B and my LPR spouse concurrently filed I130, I765, and I485 for me. If I loose my job what will be my legal status?

Bloomington, IL |

Concurrently filed for F2A category on 9/13/2013. Received package acceptance e-notification on 9/19/2013. The acceptance I797 will be in mail within 7-10 business days.

Thank you for your help.

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Attorney answers 3

Best Answer

You'll be OK. You'll be "pending adjustment of status", which, according to USCIS is "no status", but you will not be accruing any "unlawful presence" and will be "in a period of stay authorized by the AG". A lot of mumbo jumbo to mean you'll be OK and will be able to obtain and renew your employment authorization card for as long as your I-485 AOS is pending (and of course, for as long as you keep your LPR spouse happy..)

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


You will not have a status but you will be in a period of staty authorized by the Attonry General so long as your I-485 is pending and you remain married.

Lynne R. Feldman, Attorney at Law


You won't have legal status until the I-485 is approved but you can legally stay here for the duration that it remains pending for certain.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.