Losing status during AOS = unlawful presence?

[pm5k 127]

If someone is on a non-immigrant visa (H1B, J, G, Q, I, etc) gets married in the US l, and quits their job while the I-130 and I-485 (AOS) are pending, are they unlawfully present?  There is some confusion since the visa (amd hence initial status) is linked to the job.  

 

[geowrian 22,336]

They lose their status once they violate status or exceed their permitted duration of stay.

The pending I-485 grants a period of authorized stay.

Unlawful presence accrues when you have neither legal status nor authorized stay.

[ineedadisplayname 443]

28 minutes ago, pm5k said:

If someone is on a non-immigrant visa (H1B, J, G, Q, I, etc) gets married in the US l, and quits their job while the I-130 and I-485 (AOS) are pending, are they unlawfully present?  There is some confusion since the visa (amd hence initial status) is linked to the job.  

 

I would think so. If you are married to a USC then it is not an issue, but if your wife/husband is an LPR you have to maintain your legal status while waiting for the I-485 being approved.

 

Also once you quit you are not authorized to work until you get your EAD. (A lot of months)

 

I am not well weresed in job visas but I think this is how it works

Edited July 16, 2019 by ineedadisplayname

[Nitas_man 3,100]

37 minutes ago, pm5k said:

If someone is on a non-immigrant visa (H1B, J, G, Q, I, etc) gets married in the US l, and quits their job while the I-130 and I-485 (AOS) are pending, are they unlawfully present?  There is some confusion since the visa (amd hence initial status) is linked to the job.  

 

Depends.  Is this based on marriage to USC?

[geowrian 22,336]

20 minutes ago, ineedadisplayname said:

but if your wife/husband is an LPR you have to maintain your legal status while waiting for the I-485 being approved.

They just need to maintain lawful status until the I-485 is properly filed, not approved.

[pm5k 127]

17 minutes ago, Nitas_man said:

Depends.  Is this based on marriage to USC?

Yes

[pm5k 127]

For my own knowledge, does anyone knew where this is in the INA? 

[geowrian 22,336]

5 minutes ago, pm5k said:

For my own knowledge, does anyone knew where this is in the INA? 

The authorized stay is granted by the Attorney General as a matter of policy, which is permitted by the INA, but not required by it.

Here's a memo regarding direction in the AFM, covering this topic: https://asistahelp.org/wp-content/uploads/2018/10/USCIS-Interoffie-Memo-Consolidation-Guidance-Concerning-Unlawful-Presence-for-Purposes-of-Aections-212a9Bi-and-212a9C.pdf