AOS while on H1B grace period or apply for compelling circumstances EAD/tourist visa?

[dreamer_dias_123]

Hi,

I recently got married to a USC. But before i start the process of AOS i got laid off. My question is should i wait till i get a job to apply for AOS? because if i am not able to get a job in the grace period, i have the option of switching to either B1/B2 or apply for compelling circumstances EAD( I have approved I-140 and a house).  I do not want to end up in a situation where i am waiting for green card  to start working as that process might take a long time if i am not able to secure a job right away. What is the best course of action in my situation?

[Zodiac System]

I think GC AOS is separate from H1b work authorization.  You may qualify for GC EAD if you apply for AOS.  You may also be able to qualify for B1/B2 visa simultaneously as both these are two separate paths.  Check with an immigration lawyer on this one.  Good Luck.

[Attorney_6]

In a situation such as this it is advisable to have a consultation with one of our attorneys before making any decisions. This is not something that can be addressed in a forum.

Yes, generally it is possible to file for an I-130 and I-485 Adjustment of Status (AOS) petition while in 60-day grace period, and can also file for an I-485 EAD along with it.

As for the Compelling Circumstances EAD - it necessitates the presence of a compelling circumstance that hinders the maintenance of nonimmigrant work authorization for the applicant. This is a discretionary option, and USCIS will determine whether the presented basis is convincingly compelling. It's also essential to understand that obtaining and using the Compelling Circumstances EAD does not grant a change in immigration status. Instead, it allows the individual to remain in the U.S. in a period of authorized stay.