Applying for AOS shortly after quitting job on H1B

[preshdamesh]

Hi Everyone,

I last entered the US on an H1b visa in December 2017 (Admit until date of August 2019). In February 2018, I got married to my US citizen girlfriend, who I live with. At the end of March 2018, I left my job at company A and will be joining another company B later this month (April). Company B is in the process of transferring my H1B and their application will be sent out this week.

At the same time, I've been putting together my AOS application. My question is, if I submit my AOS application now while between jobs, will there be any issues? My understanding was that because I entered the US on an H1b and its validity is till August 2019, I can apply for marriage-based AOS at any time while this remains the case. But now I'm wondering if quitting my job could have jeopradized this in any way.

Simply put, will USCIS reject my marriage-based AOS case because I am unemployed at the time of filing, despite the fact my H1b is still valid, I'm expected to have a new sponsor very soon, and it's been less than 60 days since I quit my job?

Thank you!

[geforce]

H1b is dual intent visa. You should be fine.

I filled for 130 based AOS, and after that my company filed h1b extension for me base on my approved i-140(ac21).

[UScitizenFilingforspouse]

Hi Everyone,

I last entered the US on an H1b visa in December 2017 (Admit until date of August 2019). In February 2018, I got married to my US citizen girlfriend, who I live with. At the end of March 2018, I left my job at company A and will be joining another company B later this month (April). Company B is in the process of transferring my H1B and their application will be sent out this week.

At the same time, I've been putting together my AOS application. My question is, if I submit my AOS application now while between jobs, will there be any issues? My understanding was that because I entered the US on an H1b and its validity is till August 2019, I can apply for marriage-based AOS at any time while this remains the case. But now I'm wondering if quitting my job could have jeopradized this in any way.

Simply put, will USCIS reject my marriage-based AOS case because I am unemployed at the time of filing, despite the fact my H1b is still valid, I'm expected to have a new sponsor very soon, and it's been less than 60 days since I quit my job?

Thank you!

Bear in mind that my forte is not employment based AOS. If you look through the forms you need to submit, you'll find the I-864 Affidavit of financial support. Your wife can be your sponsor. What matters really is the most recent tax year or the trend of the most recent 3 years. I am sure there are more layers of complexity to your situation but I wanted to clarify that for AOS based on marriage to a US citizen being unemployed is irrelevant; unless you're intending to be your own sponsor. If your wife's income does not meet the requirements, then you can find a joint sponsor.

All the best.

[kd2008]

Hi Everyone,

I last entered the US on an H1b visa in December 2017 (Admit until date of August 2019). In February 2018, I got married to my US citizen girlfriend, who I live with. At the end of March 2018, I left my job at company A and will be joining another company B later this month (April). Company B is in the process of transferring my H1B and their application will be sent out this week.

At the same time, I've been putting together my AOS application. My question is, if I submit my AOS application now while between jobs, will there be any issues? My understanding was that because I entered the US on an H1b and its validity is till August 2019, I can apply for marriage-based AOS at any time while this remains the case. But now I'm wondering if quitting my job could have jeopradized this in any way.

Simply put, will USCIS reject my marriage-based AOS case because I am unemployed at the time of filing, despite the fact my H1b is still valid, I'm expected to have a new sponsor very soon, and it's been less than 60 days since I quit my job?

Thank you!

Go ahead and apply for AOS. You have nothing to worry about. AOS is not rejected because you are unemployed. Yes, your H1B is valid still in the 60 day period.