Was on 6th year of H1B, now married US citizen

[aagarwal.bvp 0]

I came to US in 2006 for my Masters. Two weeks back on June 6th I was laid off by my company. I was on my 6th year of H1B, expiring in Sept. 2014. My PERM was approved but my company hadn't filed I-140. Last week I married my fiancee who is a US citizen. Our plan was to get married by end of this month (June) but had to prepone it because of my visa situation. In next 1-2 days I will file my papers for Green Card. I have heard that it take close to 2 months to get EAD.

FYI- My ex-company told me that they'll not cancel my visa immediately so that I can find my job easily.

My questions/ doubts are-
1) What is my current visa status?
2) Am I legally allowed to stay in US right now? If yes then for how long?
3) After I file my GC papers through my wife, can I stay in this country and wait for EAD?
4) If I get my EAD by mid of July, will I be eligible to work because I don't know till then what will be my visa status?

Please advice what's the best option for me.

Abhishek

[Hypnos 6,579]

1) "H-1B, Expired".

2) I think you were required to leave within thirty days of being laid off, but H-1Bs are not my forte.

3) Yes. As soon as your I-485 is accepted for processing by USCIS then this places you into a new period of authorised stay which persists until your application is adjudicated.

4) It takes approximately 90 days for your EAD to be issued from when you apply. After your I-485 is filed your status will be " adjustment applicant" or "pending adjustment of status", however you feel like phrasing it.

[aaron2020 11,652]

Hi,

Your ex-company does not have the power to "not cancel my visa immediately so that I can find my job easily." Your visa automatically became invalid when your company laid you off.

1. H1-B expired with 30 days authorized in the US after the day you got laid off.

2. You are legal. You have 30 days of authorized stay after your June 6th layoff, so you can legally be here until July 4, 2014.

3. Yes. The AOS allows you to stay legally in the US until the case is decided. You can legally work again after getting the EAD.

4. If you get your EAD by mid-July, you can work. However, it's extremely unlikely that you will get your EAD when it's June 23 and you haven't filed yet. You are looking at 90 days after you file to get the EAD.

[Ryan H 3,899]

Moved from What Visa Do I Need - Family Based Immigration forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Mollie09 1,543]

The information above about the 30 days is very very wrong. There is no period of authorized stay after H1B is cancelled (and it was the minute your company took you off their payroll). Right now, you are in the country in an expired H1B, which means you have no legal status. I'm not sure you'll be able to adjust, but if you are, you enter a period of authorized stay when the I-485 is accepted by USCIS. If you are not eligible to adjust, you'll have to go back to your home country and wait there.

http://www.uscis.gov/tools/ombudsman-liaison/practical-immigration-consequences-foreign-workers-slowing-economy

"There is no automatic 10-day or other grace period for terminated employees holding H-1B status, so once the individual is no longer in a lawful nonimmigrant status, he/she usually must depart from the United States."

Edited June 30, 2014 by F1H1I130

[aussie_jason 195]

The information above about the 30 days is very very wrong. There is no period of authorized stay after H1B is cancelled (and it was the minute your company took you off their payroll). Right now, you are in the country in an expired H1B, which means you have no legal status. I'm not sure you'll be able to adjust

Overstays are forgiven when AOS based upon marriage to a USC as long as the beneficiary entered legally they are fine to adjust.