Adjustment from L1 to Greencard

[neebee 1]

Hi all,

I am in the US on a L1B visa and recently got married (a week ago) and expecting. I have some complications with my pregnancy and have been asked to rest if I can and my work is extremely stressful. We are planning to apply for our AOS around the 24th of April. So here are my questions :

- Can I quit my job in the coming week and still be in the country?

- Will it affect my AOS application in anyway?

Thanks for your replies.

[Harpa Timsah 13,258]

1. Yes.

2. No.

Being married doesn't give you any special rights, so if you quit your job and lose your visa status you will be here with no status. But, any overstay is irrelevant for spouses of USCs who adjust in-country, and is not a bar to your AOS. Once you send off the AOS and get a receipt you will be in a new period of authorized stay. Good luck.

[aussie_jason 195]

Just don't take bus trips near the Mexico border but if you are resting and live in Georgia that shouldn't be an issue.

[neebee 1]

Thank you so much guys!

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[neebee 1]

I had another question guys. If I took a short leave of absence from my job and went back and continued to work with the same company, can I use my employment history/income in our AOS application?

[Harpa Timsah 13,258]

I had another question guys. If I took a short leave of absence from my job and went back and continued to work with the same company, can I use my employment history/income in our AOS application?

Not sure what you mean.

If you took a leave of absence, then you would not have current income (unless they were so nice as to pay you) and current income is what matters for AOS.

You might be able to work it the employer would give you a letter that you were employed and if you had already made over the amount required this year, but I'm not sure exactly how it would work.

Do you need your income to qualify for the financial part of AOS?

[neebee 1]

Hi Harpa,

Perhaps I should explain my situation clearly. I cannot apply for AOS until the 24th of April(since I was out of the country and entered on the 24th of Feb and I understand there is a 60 days period that you need to wait before applying) and I am having nervous breakdowns pretty much every other day with my job, high stress, nightmare of a manager etc.. My husband is a musician, but he just took up a part time employment and his income does meet the requirement of USCIS9 just barely). However, I thought I can perhaps stay employed as long as I can to help add some more financial credibility to our application. On the other hand, this stress is not helping me and I am not sure how long I can deal with this It is quite a bad place to be in.

So my questions are :

- Does my employment and income play any role in our application, if my husband meets the minimum income requirement of the USCIS?

- If I quit now and apply for the AOS on the 24th, do you think there will be issues with the USCIS?

Thanks so much for your help with this.

[Harpa Timsah 13,258]

Hi neebe.

First things first, there is NO "60 day period." Whatever you read, was wrong, on multiple fronts. 1. There is no "60 day rule" at all. But, people who want to semi-defraud the gov wait 60 days to make it appear as it they did not have the intent to immigrate on a non-immigrant visa. It is a silly trick, based on confusion.

2. Even if this rule was real, an L1 visa is a dual intent visa, meaning that you can have the intent to immigrate on this visa. it is perfectly fine.

So, the date of your entry doesn't matter. You can file now.

Your income does not matter, if you are not trying to use it to qualify. Your husband is the main sponsor. If he qualifies on your own, then that is fine. You can add assets values at 3 times the amount he is short. So if he is only $1000 below the acceptable threshold, if you have $3000 in assets then you can add it and qualify.

If he still doesn't qualify, you can add your income to the affidavit. But it is not a requirement.

If you want to quit your job, and your husband does not qualify, then you can get a co-sponsor that qualifies.

[neebee 1]

Thank you so much Harpa! Yeah, the information out there is so contradictory at times. I do appreciate you clarifying this for me. I guess we will start our paper work and get going Wish us luck.

[Harpa Timsah 13,258]

Good luck!