Am I out of status?

Hi All!

I have a bit of a dilemma...I think!

I am married to a US Citizen, have my EAD & AP and my interview is later this month, for AOS - I am in the US

I used to be on an H-1B and have quit my job in December. Will this pose a problem at the interview? Am I currently out-of-status or illegal? If so, what are the consequences of either? How do we prepare for this bit for the interview?

Any and all help is greatly appreciated.
Thanks a bunch & Happy New Year!

Hi All!

I have a bit of a dilemma...I think!

I am married to a US Citizen, have my EAD & AP and my interview is later this month, for AOS - I am in the US

I used to be on an H-1B and have quit my job in December. Will this pose a problem at the interview? Am I currently out-of-status or illegal? If so, what are the consequences of either? How do we prepare for this bit for the interview?

Any and all help is greatly appreciated.
Thanks a bunch & Happy New Year!

I'd think your I-485 has been filed for quite some time. As soon as I-485 is filed, you can fall back on a status of AOS pending. That means, as soon as you are out of H-1, you automatically assume the status of AOS pending, which is legal. Imagine how many people would be out of status given the time it takes to get these things done.

You're ok.

What is the basis for your AOS: marriage to USC or sponsorship by employer?

Aibolit, the basis for my AOS is by marriage to a US Citizen.


Thanks "INS" for your response

So, what I gather from what you are saying is that even though I voluntarily quit my job, in Dec and am currently unemployed, I am still in status since my hubby is a US citizen and we have filed for AOS. So there shouldn't be any probelms regarding this at the interview - is that true? (such as them still expecting me to be employed)

Thanks again

That's correct. As long as you quit your job AFTER your 485 filing, you're fine.

Thanks a bunch