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Smoothsquash

On H1b, family based AOS pending, might get laid off

By Smoothsquash in Adjustment of Status from Work, Student, & Tourist Visas

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Smoothsquash Apprentice

Smoothsquash   15

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

Hi, I am currently on H1B, we filed for family based AOS in May. Currently waiting for biometrics appointment to be scheduled. My firm is starting to lay people off. In case I get laid off before I receive my EAD/AP , would the 60 days grace period for H1B apply to me? Not sure if I would have to leave the country in that case?

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

What kind of family-based AOS (who is the petitioner in relation to you, and are they a USC or LPR)?

Additionally, if you properly filed for AOS already, then losing status afterwards is not a basis for denial.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Smoothsquash Apprentice

Smoothsquash   15

Posted
Filed: AOS (pnd) Country: India
 Timeline
  • Author
Posted

Thank you for your response. I am married to a US citizen. USCIS cashed in our cheques earlier this month so guessing it was properly filed. So you are saying if i were to get laid off it would still be ok?

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igoyougoduke Experienced

igoyougoduke   1,604

Posted
Filed: Lift. Cond. (apr) Timeline
Posted
7 minutes ago, Smoothsquash said:

Thank you for your response. I am married to a US citizen. USCIS cashed in our cheques earlier this month so guessing it was properly filed. So you are saying if i were to get laid off it would still be ok?

yes

duh

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
7 minutes ago, Smoothsquash said:

Thank you for your response. I am married to a US citizen. USCIS cashed in our cheques earlier this month so guessing it was properly filed. So you are saying if i were to get laid off it would still be ok?

1) Yes, because you timely filed the I-485 so what happens afterwards with status is not an issue.

2) As the IR of a USC, overstay is not an issue for AOS purposes either.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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