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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!

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Attorney answers 4

Posted

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.

Asker

Posted

Thanks Mr. Segal. My H-1B is valid till 2015. The termination would be caused by a possible lay-off, because my peers have been rumoring a large scale lay off within the company for the past few days. This is why I am worried. With this new information, could you give me more advice? Because my research shows as long as I entered the U.S. legally and have maintained a legal status, once my U.S. spouse filed I-130 petition for me, any "out of status" issue will be "forgiven", is this true? Thanks!

Alexander Joseph Segal

Alexander Joseph Segal

Posted

No, if you file for AOS based on marriage to USC, you should be fine. Use the fact that you live in the Great Empire State and hire an immigration attorney in the City that Never Sleeps. Do yourself and your spouse a favor. You will be glad you did.

Posted

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.

Asker

Posted

Thanks Mr. Johnston. I entered the U.S. legally on a F-1 visa and I am on a valid H-1B visa now (expires Oct. 2015), not K-1.

Glenn Johnston

Glenn Johnston

Posted

Ah, then please disregard the K-1 comment. I presumed something I need not have.

Asker

Posted

Thanks:-)

Posted

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.

Asker

Posted

Dear Mr. Koehler, thank you. I have another question for you, on the 1-485 there is a question: Were you inspected by a U.S. Immigration Officer? Yes or No? What does this mean? I entered the US legally through JFK airport's customs and immigration check point. Should I answer yes or no? I was advised by someone to answer "no", which I did. Now I am bit worried I made a mistake, if it was a mistake, what should I do? Thanks!

Michael Gary Kohler

Michael Gary Kohler

Posted

Yes, that was in error. Nothing to do now except wait for the interview and explain. In theory, the documentation you should have provided (and should have for your interview) will contradict that "no" answer and it will simply be corrected....just shows that listening to anyone but an experienced immigration attorney is not such a good idea. Given the equities you have established in the U.S. and the opportunity to obtain your permanent resident status, I think it would be a good time to meet with an attorney to make sure all is in order.

Posted

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.

Asker

Posted

Dear Ms. Shautsova, thank you! I have ask Mr. Koehler the following question, but I also hope to hear your option: on the 1-485 form there is a question: Were you inspected by a U.S. Immigration Officer? Yes or No? What does this mean? I entered the US legally through JFK airport's customs and immigration check point. Should I answer yes or no? I was advised by someone to answer "no", which I did. Now I am bit worried I made a mistake, if it was a mistake, what should I do? Many more thanks!