H1B expiring soon, do I keep my lawful status if married to a USC?

[Amiel_PM 0]

Hi, I currently have an H1B and got married to a US Citizen in March 2019. I filed both the 1-485 and the 1-130 together this May (2019) and now I'm waiting to receive the EAD and the green card (which may take a while). However, I am worried because my H1B expires on a month and today, after returning from a international trip, a custom agent told me that if I stay in the US after my visa expires I would be in "unlawful status" regardless of my pending 1-485 application. Is that true? I thought I can stay in the US without working while waiting for my EAD. If true what the agent said, how can I leave the country without "abandoning" my I-485 application? And how can I re-enter it?  Do I need a Conditional resident visa? What status do I get if I stay after my visa expires? Thanks a lot!  

[Lil bear 4,346]

2 minutes ago, Amiel_PM said:

Hi, I currently have an H1B and got married to a US Citizen in March 2019. I filed both the 1-485 and the 1-130 together this May (2019) and now I'm waiting to receive the EAD and the green card (which may take a while). However, I am worried because my H1B expires on a month and today, after returning from a international trip, a custom agent told me that if I stay in the US after my visa expires I would be in "unlawful status" regardless of my pending 1-485 application. Is that true? I thought I can stay in the US without working while waiting for my EAD. If true what the agent said, how can I leave the country without "abandoning" my I-485 application? And how can I re-enter it?  Do I need a Conditional resident visa? What status do I get if I stay after my visa expires? Thanks a lot!  

If you have your NOA1 for the 130, 495 etc you will be in a period of lawful stay ... but not residence.. until they are adjudicated. You cannot work until you have your EAD. You are correct 

[Lil bear 4,346]

 

Moved to “Adjustment of Status from work , student visa “as OP is adjusting status from within the US 

[Nouchigang 200]

Did you for Advance Parole/ I-131? If not please do and its free, just attach a copy of your I-485 receipt  to your application with 2 pictures, etc ( read the instructions) to show that it is still pending. You do not need to have specific travel plans to apply for it. With the AP and the EAD card you can work and travel out of the country without abandonning your application and be good.

Like mentioned by somebody else before, with the NOA1 you are in authorized stay until a decision is made on your application. 

Im not sure what the CBP officer meant 🤷🏾‍♀️

[eckoin 211]

On 7/18/2019 at 7:39 PM, Amiel_PM said:

Hi, I currently have an H1B and got married to a US Citizen in March 2019. I filed both the 1-485 and the 1-130 together this May (2019) and now I'm waiting to receive the EAD and the green card (which may take a while). However, I am worried because my H1B expires on a month and today, after returning from a international trip, a custom agent told me that if I stay in the US after my visa expires I would be in "unlawful status" regardless of my pending 1-485 application. Is that true? 

Yes, you lose your lawful status. You will still have authorized stay in the country, provided you're in the country, and don't leave without approval (approved AP/I131). 

 

So you can't continue working, and you'll have a hell of a time trying to renew your driver's license if you need it, but you're legally in the US--you'll just have no legal status. 

 

On 7/18/2019 at 7:39 PM, Amiel_PM said:

I thought I can stay in the US without working while waiting for my EAD. 

And that's exactly what legally authorized stay means. Perhaps the officer was just letting you know that your status itself will not be valid--which is true--as a heads up. 

On 7/18/2019 at 7:39 PM, Amiel_PM said:

If true what the agent said, how can I leave the country without "abandoning" my I-485 application? And how can I re-enter it?  Do I need a Conditional resident visa? 

Just an approved and valid AP (I131). Leaving the US without one means that you'll abandon your application and will have to apply for a spousal visa. EAD/AP currently takes about 6-7 months for most people, up to 8.5-9 months in general. You'll get a conditional resident status when your I485 is approved, post interview. 

On 7/18/2019 at 7:39 PM, Amiel_PM said:

What status do I get if I stay after my visa expires? Thanks a lot!  

Nothing! Just a paper that says you're here legally, waiting for USCIS to decide what to do with you. That's the I797/NOA for I485, saying that your application was accepted. No status, after your current H1 expires. Before it does, you have valid H1 status. 

[Amiel_PM 0]

Thank you both of you. I really appreciate your answers. Now I'm more at ease about staying in the U.S. after the expiration of my H1B.