Married to US Citizen, applying for GC but was fired from job (h1b) STATUS?

[thenkeisays 0]

Hello,

Here is my current situation:

Filing for my green card (I-130, I-485, I-131, I-765) and will be filing concurrently.

I came into the US as a student under F1 visa --> OPT ---> h1b.

My husband is a US Citizen and we got married last October 11th, 2012.

I was fired from my job right before this and I was under the H1b status.

My I-94 (received when my H1b was approved) expires on 12/11/2014.

I have a few questions regarding my situation, if I could get some advice I'd appreciate it.

Form i-131:

1. I will be attaching my I-797A (from previous employer) as proof of my status + I-94 expiration date is noted. This is the only proof I have of my most recent status in the US, is this alright?

2. Also, should I enclose a letter explaining my status that I was laid off my job?

Form i-484:

3. Should i state "H-1B Visa overstay" on "Current USCIS status"?

4. Also will be attaching my I-797A

Form i-765:

5. In question 11 do I say YES since I had OPT and do I state the USCIS Office/date/results of OPT or do I mention that my h1b was granted? It says to attach all documentations so I was planning on attaching my entire h1b employment application package my previous lawyer prepared (this includes I-797A in front, I-907, I-129....)

6. In question 15 do I say "H-1B Visa overstay"?

7. In question 16 should I state ©(9)

Form i-131:

8. In question 3 my class of Admission is H1b?

9. We are planning on flying back to my home country this year, I am attaching a letter requesting Advance Parole Document- is this correct?

10. Also attaching I-797A

I am sorry for all the questions, I'm just hoping to be able to get everything approved so I could start working and receive my Green Card smoothly. Any help would be great, thank you in advance.

[TBoneTX 46,208]

*** Thread moved from K-1 Process forum to the Work Visas forum -- OP is married and outside the K-1 path. ***

[Brother Hesekiel 2,236]

Hello,

Here is my current situation:

Filing for my green card (I-130, I-485, I-131, I-765) and will be filing concurrently.

I came into the US as a student under F1 visa --> OPT ---> h1b.

My husband is a US Citizen and we got married last October 11th, 2012.

I was fired from my job right before this and I was under the H1b status.

My I-94 (received when my H1b was approved) expires on 12/11/2014.

I have a few questions regarding my situation, if I could get some advice I'd appreciate it.

Form i-131:

1. I will be attaching my I-797A (from previous employer) as proof of my status + I-94 expiration date is noted. This is the only proof I have of my most recent status in the US, is this alright?

2. Also, should I enclose a letter explaining my status that I was laid off my job?

Form i-484:

3. Should i state "H-1B Visa overstay" on "Current USCIS status"?

4. Also will be attaching my I-797A

Form i-765:

5. In question 11 do I say YES since I had OPT and do I state the USCIS Office/date/results of OPT or do I mention that my h1b was granted? It says to attach all documentations so I was planning on attaching my entire h1b employment application package my previous lawyer prepared (this includes I-797A in front, I-907, I-129....)

6. In question 15 do I say "H-1B Visa overstay"?

7. In question 16 should I state ©(9)

Form i-131:

8. In question 3 my class of Admission is H1b?

9. We are planning on flying back to my home country this year, I am attaching a letter requesting Advance Parole Document- is this correct?

10. Also attaching I-797A

I am sorry for all the questions, I'm just hoping to be able to get everything approved so I could start working and receive my Green Card smoothly. Any help would be great, thank you in advance.

First, you will not file the I-131 as you couldn't use it based on your overstay. I will not answer any questions regarding the I-131 because of this. Instead file I-130, I-485, I-864, 2 x G325a, I-693, and I-765.

Status is H1-B (with hyphen). Overstay is no status.

I don't have the I-765 form in front of me, and I don't remember it by heart, so that's my 2 cents I can give you based on what you posted.

[newacct 688]

First, you will not file the I-131 as you couldn't use it based on your overstay. I will not answer any questions regarding the I-131 because of this.

This is not true. First, the only potential problem with advance parole is the ban, which only comes into effect after 180 days of overstay. We are not sure when his overstay would have officially started (or even if it counts as overstay), but it likely has not been 180 days yet. And second, even whether 180 days of overstay is a problem for advance parole is doubtful due to the Matter of Arrabally.

[Boiler 46,198]

The Employer should have notified that the employment was terminated. Not worth risking a trip before GC.

[Penguin_ie 5,997]

**** moving from Work Visa to AOS from Work Visa forum ***

[newacct 688]

I'm going to update my answer. Your I-94 has not expired. You are out-of-status, but you have not accrued any unlawful presence. Therefore, there will be no 3-year or 10-year ban on departure. You should have no worries about using an Advance Parole to leave the country.