On L1B, what happens if laid off during AOS Period?

[davewolfs 0]

Hello everyone,

I have a few questions. I am currently on an L1B and am wondering what would happen if I either quit my job or was fired while my application was still pending?

Say for example I marry, send in my papers, and then I am laid off. Would I have to leave the US? What happens if I decide to stay?

Also, suppose that I was laid off prior to marriage and rather then leaving the US, I marry and begin my paper work. What would happen in this scenario?

Hoping to get some answers on this.

Thank you for your replies in advance.

[davewolfs 0]

Anyone? I am sure there are some people on this forum who can make some sort of reply to my questions...

[cdnchris 0]

If you marry, send in your AOS and then get fired/laid off or quit, you're fine, as your pending AOS allows you to stay in the US. If you wanted to work, though, you would have to get an EAD.

Now, if you get fired/laid off/quit before you send in your AOS you would technically then be out of status. I'm not 100% sure, but I think you would be okay if you still got married and sent in your AOS as USCIS forgives overstaying (which is what I think you'd technically be doing) as long as you're married to a US citizen. Their concern is that you entered the country legally, which you did. And again if you wanted to work bwhile your application is pending you would have to get an EAD.

[davewolfs 0]

If you marry, send in your AOS and then get fired/laid off or quit, you're fine, as your pending AOS allows you to stay in the US. If you wanted to work, though, you would have to get an EAD.

Now, if you get fired/laid off/quit before you send in your AOS you would technically then be out of status. I'm not 100% sure, but I think you would be okay if you still got married and sent in your AOS as USCIS forgives overstaying (which is what I think you'd technically be doing) as long as you're married to a US citizen. Their concern is that you entered the country legally, which you did. And again if you wanted to work bwhile your application is pending you would have to get an EAD.

This is good news. Here is another question. Can I travel to Hawaii while my application is Pending? I believe I can go anywhere in the US but cannot leave until my I-765 is approved?

Thanks again!

[yogib37 3]

If you marry, send in your AOS and then get fired/laid off or quit, you're fine, as your pending AOS allows you to stay in the US. If you wanted to work, though, you would have to get an EAD.

Now, if you get fired/laid off/quit before you send in your AOS you would technically then be out of status. I'm not 100% sure, but I think you would be okay if you still got married and sent in your AOS as USCIS forgives overstaying (which is what I think you'd technically be doing) as long as you're married to a US citizen. Their concern is that you entered the country legally, which you did. And again if you wanted to work bwhile your application is pending you would have to get an EAD.

This is good news. Here is another question. Can I travel to Hawaii while my application is Pending? I believe I can go anywhere in the US but cannot leave until my I-765 is approved?

Thanks again!

yes you can go to Hawaii.. Hawaii is part of the United States. Since it is not part of the main land but it is still the United States.

Enjoy the Hawaii trip.