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jade15
07-01-2010, 10:53 PM
I have applied for adjustment of status through marriage, my application is being processed. I am currently on H1B, valid through 2011, but my job is ending next month:

1. Can I file for a new H1B with a new employer while my EAD and adjustment of status is pending? will it interfere with my current green card application?

2. Is adjustment of status considered a valid visa status by USCIS? If I go for an interview after my job ends (out of h1B status), can I be disqualified for GC on this basis?

3. If I-485 gets denied for any reason, does that mean that I was out of status counting from the day I was out of status for H1-B? (I read that USCIS has severe penalty it you overstay in the country without valid status for 6 months. You might not be allowed entry into US for 3-10 years). Can this also interfere in refiling new I-485, since you are not staying legally in the country at the time of filing to start with?

I will appreciate your help.

Xkuger
07-07-2010, 10:49 AM
Route 1 : Stay in status via H1.

1. You are in status as long as your H1 is valid and are still employed and recieve a paycheck.

2. You can go ahead and renew the H1 and stay in status


Route 1 : Via Marriage.

1. As soon as you apply via marriage you will be considered in status till the case is processed and returned to you.

2. Remember you were in status via H1 when you filed do you are not considered out of status.

3. If you filing is rejected then you will be given X days to leave the country.

The X days you may have to check (it maybe 30 days I am not sure)

Check with a lawer to be sure.

jade15
07-08-2010, 12:25 PM
Thanks for your reply.