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

Immigration 8 views 4 answers
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
Glenn Johnston ·
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.
0 upvotes
Michael Gary KohlerImmigration AttorneyMelville, NY ·
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.
0 upvotes

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