I130 petition approved

[Vick]

Can someone help me. I have filed a I130 for my husband who is a mexican national, Im a US citizen. It got approved on March 28,2002 and I know that its been awhile but what to do now. I was told that since we got married on Sept 29, 2001 we have to wait for the 245I to extend to adjust status. He also had an application that his employer filed for him but since they moved and got laid off, I was told that its canceled. Is that true. I really dont know anything about this immigration stuff and some assistance is really appreciated. Please advise. Thanks again.

[Vick]

Can someone help me. I have filed a I130 for my husband who is a mexican national, Im a US citizen. It got approved on March 28,2002 and I know that its been awhile but what to do now. I was told that since we got married on Sept 29, 2001 we have to wait for the 245I to extend to adjust status. He also had an application that his employer filed for him but since they moved and got laid off, I was told that its canceled. Is that true. I really dont know anything about this immigration stuff and some assistance is really appreciated. Please advise. Thanks again.

[Mrs. Mani]

More details are needed: how did he enter the U.S.? What did the employer file for your husband and when?

[federale86]

Employment based application is automatically cancelled on termination. That does not affect the spouse based application. You also have to file an I-485 if he is in the U.S. if you want him to adjust here. Sounds like he is here illegally. So get that I-485 filed.

[Mrs. Mani]

Termination of employment does not automatically cancel employment based immigrant petitions or labor certifications if they were already filed. They had to have been withdrawn or revoked.

He can't file I-485 because he most likely is EWI and the I-130 did not make him eligible for 245i.

He might still be eligible for benefits of 245i IF there is a labor certification or I-140 filed on or before April 30, 2001 (even if it was never followed through on by the employer) as long as those petitions were "approvable when filed". So Vick, did the employer actually file anything before that date or they were just in the process of filing when he was laid off?