H-1B to AOS based on marriage

[Basab 1]

Hi

I am new to this forum and thought about asking a question thats bothering me for a while:

I am the intending immigrant here. I got married in Vegas on 11/11/2006 when I was staying and working in california. My wife has her house in Atlanta. We were pretty much frustrated with this traveling back and forth so I decided to quit my assignment on March 2007 and move to atlanta permanently. (note that I still have a valid H-1B visa with a consulting company--but not getting paid---last work day was 02/25/2007). Since then I am living with my wife.

I was stupid and lazy not to file AOS sooner We filed it on April 27th 2007 and have a receipt notice date of May 9th 2007. I already received my EAD though.

The thing is H-1B rules say I must get paid and there is no such thing as benching. Also if I quit workin I am out of status and technically deportable. But here is the thing: Its absolutely permissible to take an unpaid vacation due to family reasons which I did here and that would NOT put me out of status. i mean hey, lot of folks on H1 goes to their home country for months and dont get paid because they are on vacation. It should be fine from what I know.

The question here is that my AOS interview is coming up soon and if the interviewer asks me about my work status whats the best thing to tell him ? I am worried about the IO giving me hard time for this. Whats the worst thing that could happen in case they find I was out of status. Me and my wife are really worried about this. Should we take a letter from my employer stating I am still employed with them or just suppress the topic at the interview ?.... I am looking forward to hear from you all especially Dr_Lha whom I figured is a pretty knowledgeable person.

[Cécy 44]

Well your status is AOS pending with still a valid H1B. You aren't likely to be deported. I came here on a B2 visa and I know I can stay legally here even when my visa expires. What matters is that you applied for AOS now, so until their decision you have no reason to worry.

Other people here have had all kind of overstay from a few days to several years. Keep in mind that such things are "forgiven" by immigration when you are a bona fide marriage.

I don't see why you would have any problems.

As far as the interview, just answer whatever question they ask you, be honest and don't answer more than you are asked for.

Tell you wife you have no reason to worry and just enjoy being together.

Edited August 1, 2007 by Cécy

[Dr_LHA 3]

I believe that your H-1B is no longer valid as you're not working for your employer anymore, the whole "leave of absence" thing is a grey area, however it is my recollection that you can't do that on an H-1B as you suspect.

However as you have filed for AOS you are legal and not deportable, as the mere act of filing a I-485 gives you a legal status in the US. The important thing is for you not to attempt to travel on your H-1B while AOS is pending.

If your H-1B did indeed become invalid, and you had a period of overstay, it doesn't matter. USCIS "forgives" overstay if you are married to a US Citizen. Your work situation shouldn't be an issue unless you're "self sponsoring" (i.e. using your own income to meet poverty guidelines).

[maggieNomar 0]

Most (not all) things seem to be 'forgiven' once you apply for AOS, so I wouldn't' worry at this point. But don't even THINK about going into an interview and lying about anything. You will be in a much worse situation. They KNOW people.

[Basab 1]

Thanks all for your reply...Little less worried now...this is a great forum....No there should be no issue about sponsoring as my wife makes a lot of money Wish the interview goes smoothly....I guess the best thing to do is answer whats asked.....Unless they ask about my work status I will keep quiet...If they do I will tell the truth....I am sure they are experienced people.

[Dr_LHA 3]

Some general rules about an AOS interview:

1. Don't lie

2. Don't volunteer any information, only respond to questions.

3. Answer questions succinctly and don't elaborate with extra details unless asked.

You don't need to be cagey, just don't blather on about the minute details.

As a lawyer friend told me once, if a USCIS interviewer asks you if you know what the time is, the correct answer is "Yes" or "No".