AOS filed. Beneficiary loses job.

[rdl]

Hello

Me and my husband are on H1B. My husband is going to file for AOS, AP and EAD for both of us in early November. His priority date(Oct 07) will become current in November. My project is getting over on November 25^th, and I don’t want to move back to India.

Should I file for a H4 in the meantime? Or is it legal for me to stay in US since my AOS is filed?

Thanks.

[pontevecchio]

Once you get the receipt for AOS, you can legally stay and work once you get the EAD and travel once you get the AP till the GC arrives.

[Univemp]

You can maintain status if AOS if filed before your present employment is over. You will be in status till the adjudication of your I-485, also, you can start work legally when you receive the EAD/AP which is usually within 90 days of filing AOS.

[rdl]

Thanks for your replies.

I'm positive that we'll file for AOS before Nov 25. However I'm not positive about getting AOS receipt by Nov 25 since that depends on USCIS.

Can I legally stay in US if I file for AOS and quit my job before getting AOS receipt?

[svvnath]

Mostly, I will be filing I- 485 for myself and my wife (both on H1B now) next month. She was initially on H4 (valid until 12/04/2008). Her H1B was approved in May-2008 (lottery) with a start date of Oct-1^st 2008. She left to India in Aug-2008 and came backup on Sep-28^th -2008 (two days before her H1-B started) . Her H1 (I-797) started in Oct of that year (as she didn't travel out of country since then her passport doesn't have H1 stamp at all). We applied for her SSN in Jan-2009 due to some personal/health reasons but her SSN came after 2 to 3 months in the month of May-2009 (Social Security Administration delayed it because of some database error on that part). So, for Oct, Nov, Dec-2008 spouse didn't have any pay cheques and hence no W-2 at all. By the time she was put on payroll, it was already June-2009.

I went through few forums and found that the USCIS will ask for derivative documents to prove their prior valid stay. I am afraid if they will issue RFE asking for 2008 W2 and payroll details from 2009. What are our options? Also INA 245(K) may support such derivatives being out of status for only 180 days. We have very good 2010 tax documents. Shall we wait until next March (2012) and file the taxes for year-2011 and then apply 485. I assume 2 years tax documents are sufficient. We are not sure as to what needs to done.

Appreciate your replies.

Regards,

Venkat

[Belle]

You are legally present (though have no status) from the date your I-485 is filed, not from the date you get the receipt. Now the question is whether you will absolutely certainly need that receipt for something owefully important before it arrives, and your H1 I-94 would not suffice. Really, nothing comes to my mind.