Concurrent Filed AOS under F2A Current, Out of Status?

[nicknyc 2]

Hi,

I'm in a fix right now! I am a Green card holder and have concurrently filed i130,i485,i131 and i765 in September when F2A was current. The application has been accepted, checks cashed and NOA received. The status of USCIS website shows as Initial review as of September 26th. Now the issue is - my wife is on H1B right now, however her employers are giving her a hard time and she may be laid off by 25th Oct. I wanted to understand that since her AOS has been filed and application has been accepted, will she be out of status once she loses her job? As per rules, H1B folks cannot be without a job even for a day! So in a nutshell, my dilemma is - Will she be out of status if she loses her job on 25th Oct and H1B becomes invalid even though AOS is pending? We have applied for EAD as well.

Thanks in advance for all the suggestions and help

Hi,

I'm in a fix right now! I am a Green card holder and have concurrently filed i130,i485,i131 and i765 in September when F2A was current. The application has been accepted, checks cashed and NOA received. The status of USCIS website shows as Initial review as of September 26th. Now the issue is - my wife is on H1B right now, however her employers are giving her a hard time and she may be laid off by 25th Oct. I wanted to understand that since her AOS has been filed and application has been accepted, will she be out of status once she loses her job? As per rules, H1B folks cannot be without a job even for a day! So in a nutshell, my dilemma is - Will she be out of status if she loses her job on 25th Oct and H1B becomes invalid even though AOS is pending? We have applied for EAD as well.

Thanks in advance for all the suggestions and help

I am the petitioner and my wife is the beneficiary.

[Harpa Timsah 13,258]

If your I-485 was accepted while she was still in status, then you are okay. Having an I-485 pending begins a NEW period of authorized stay.

[nicknyc 2]

If your I-485 was accepted while she was still in status, then you are okay. Having an I-485 pending begins a NEW period of authorized stay.

thanks Harpa. The online status for i485 shows in "ACCEPTANCE" stage. Is that ok?

[newacct 688]

thanks Harpa. The online status for i485 shows in "ACCEPTANCE" stage. Is that ok?

Well you already received the NOA, so you're okay.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to Bringing Family Members of Permanent Residents to America ~