H1B loss of job before AOS processed

[Fuzzymiss 2]

Hey,

I am currently here on an H1B visa, and will be filing for AOS in October (still waiting on copy of marriage certificate etc). However when I returned from my honeymoon, I was told I would only be employed until December. Since my current visa is an employer-dependent, will this affect my AOS application or ability to stay in the US?

thanks for your help

[payxibka 10,044]

Hey,

I am currently here on an H1B visa, and will be filing for AOS in October (still waiting on copy of marriage certificate etc). However when I returned from my honeymoon, I was told I would only be employed until December. Since my current visa is an employer-dependent, will this affect my AOS application or ability to stay in the US?

thanks for your help

No, you may want to get your AOS application in the sooner the better though

[TayRivers 4]

File for your AOS before you finish working for your employer, that way you will not be out of status. Once you have filled the AOS your Status will be AOS pending and you are allowed to remain here in the US until a desission has been made. Make sure you file for the EAD along with the AOS so that you can look for work once it has been approved.

[Fuzzymiss 2]

File for your AOS before you finish working for your employer, that way you will not be out of status. Once you have filled the AOS your Status will be AOS pending and you are allowed to remain here in the US until a desission has been made. Make sure you file for the EAD along with the AOS so that you can look for work once it has been approved.

Thanks. I was planning on visiting home for xmas (UK), would I still be covered under the H1B, or should I forgo the trip? Nothing is booked yet, just in the planning stages.

[alexpapa 4]

File for your AOS before you finish working for your employer, that way you will not be out of status. Once you have filled the AOS your Status will be AOS pending and you are allowed to remain here in the US until a desission has been made. Make sure you file for the EAD along with the AOS so that you can look for work once it has been approved.

Thanks. I was planning on visiting home for xmas (UK), would I still be covered under the H1B, or should I forgo the trip? Nothing is booked yet, just in the planning stages.

If your job has ended before or while you are travelling your H1 visa will be out of status, so you will need both the AOS already filed and the Advanced Parole document to travel - at this time I'm not sure if you will get the AP in time though

[TayRivers 4]

File for your AOS before you finish working for your employer, that way you will not be out of status. Once you have filled the AOS your Status will be AOS pending and you are allowed to remain here in the US until a desission has been made. Make sure you file for the EAD along with the AOS so that you can look for work once it has been approved.

Thanks. I was planning on visiting home for xmas (UK), would I still be covered under the H1B, or should I forgo the trip? Nothing is booked yet, just in the planning stages.

If you will be back in the US before your employment is due to end then you will still be covered by your H1B, if you have filed for your AOS and have been approved for AP then it wont matter about your employment, if you have not filed for AOS and EAD and AP by then and you are no longer employed then do not go, you would be refused entry back into the US and would have to file for a spousal visa from the UK.