Got my GC. What happens to my wife's AOS when I am let go at my job?

[arnkrishn]

Hello,

 

I was on an H1-B visa and I got my employer sponsored Green Card (GC) last year. My wife, who was on H4 and had her derived (dependent) GC application sent along with mine, hasn't received hers yet. Decision on her AOS is still pending. She got her EAD (as part of the GC application) but her Advance Parole document (I-131) is still pending. We had applied for her I-131 last year on Sep 2nd. 

 

I was laid off yesterday and am currently on notice period, with my last day of employment in Jan 2023. 

 

Questions:

1. What would happen to my wife's AOS?
2. What would happen to her I-131?

Appreciate any guidance. Thanks.

[pontevecchio]

1. She will get the AOS approved in due time.

2. Her AP will also be approved in due time unless she gets the GC before that.

If there has been PD retrogression, she will need to wait for the PD to become current.

Your job or lack of has no bearing anymore on her approval.

[newacct]

1. Nothing happens. Her eligibility for a green card as a derivative is only dependent on the fact that you (the principal) get a green card (which you did). It is not dependent on you continuing to be eligible for a green card -- your eligibility for a green card only mattered at the time you got a green card.

2. Nothing happens. Her AP application will continue to be processed as normal.

[JoeF]

Her AOS continues, because it is not based on any employer. It based on your GC.

[arnkrishn]

Thanks heaps to all for responding. Really appreciate it.