Help: On H1-B, lost job but Married to USC have not applied for AOS Yet

[NewEnglishmanYork]

Hi,

I have been in New York for 6 years, first on an F-1 visa and then for the last 4 yrs on a H1-B. In May this year I got married to a USC. But did not apply for a greencard at that time.

I lost my job at the end of July. And had been told by my employer that they would not notify the uscis. For a month or so. In the interim I lined up another job (the thinking being that they would transfer my H1-B) but that fell through.

So I find myself 9 weeks later without a job, without filing my AOS.

What are my options now? If I file the AOS, do I list my previous employee as my current employee?

All advice would be appreciated, thanks

[txh1b]

As long as you can show that you have the funds to support the AOS paperwork, you will be fine. Do not lie on any of the application as far as employer goes. It will come back and bite you real hard.

Affidavit of support can be signed by a family member or others. Check out those avenues.

[NewEnglishmanYork]

Thanks for the help.

Will not lie on the form....will include the Affidavit of support from my wife.

So one more question, once my application has been sent/received, I will no longer be out of status?

[txh1b]

You being out of status will not impact the decision of the AOS as long as you entered US legally and are married to a USC.

[nycxlt]

You are out of status from the day you lost the job. It doesn't matter your last employer notified USCIS or not. To be on legal H1b status, you need to be employed by your sponsor and sponser must pay you periodically.

For more details go to below link:

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

For green card you need to file I-130 forms where you need to answer certain question like Last entry in USA, Visa type at last entry and current employer. Obviouslly you are going to say H1b but not going to put employer name? That might raise USCIS officer's eyebrow.

I would advise you go back to your home contry and file application from there as soon as possible. It usually takes around 3 to 5 months to get greencard after you file. If you file from here it might take the same time but you wont be able to do accept job before you atleast get your EAD (Unless new employer files for H1b on premium processing)

[txh1b]

You are out of status from the day you lost the job. It doesn't matter your last employer notified USCIS or not. To be on legal H1b status, you need to be employed by your sponsor and sponser must pay you periodically.

For more details go to below link:

https://www.immihelp.com/h1-visa-lay-off-job-loss-faq/

For green card you need to file I-130 forms where you need to answer certain question like Last entry in USA, Visa type at last entry and current employer. Obviouslly you are going to say H1b but not going to put employer name? That might raise USCIS officer's eyebrow.

I would advise you go back to your home contry and file application from there as soon as possible. It usually takes around 3 to 5 months to get greencard after you file. If you file from here it might take the same time but you wont be able to do accept job before you atleast get your EAD (Unless new employer files for H1b on premium processing)

You are wrong. Even if it raises eyebrows or not, a person being out of status on H1b and married to a USC does not disqualify him from a AOS and he should NOT leave the country if the person has accumulated more than 180 days of illegal stay (not out of status).

The rules are different for plain H1b folks and one that is married to a USC.