Loss of Job and H1B Status + 485 App

[riversurf]

(I've posted this in two forums, because it's hard to categorize, but ultimately it's a 485 issue)

My wife (I am a US citizen) lost her job yesterday, and I know that her H1B is immediately invalid.

I've seen lots of responses on various websites to similar situations telling people in this situation that they "must return to their native country (Taiwan) "immediately" This advice, while perhaps "technically correct" is completely useless and serves only to scare people. Who can be expected to go to the airport minutes after getting canned?

We have an Infopass appointment Monday morning, but in the meantime we're pulling our hair out and feeling more than desperate.

If there is anyone who truly knows what options we might have, we are all ears? I've read in some bulletin boards that it's up to the discretion of the USCIS officer, but we have had pretty bad experiences with incompetence at the USCIS. Our I-130 was approved (so our marriage is recognized as legal by USCIS) but we have had to start over with our I-485 because of a mistake we made (even after asking the USCIS said what we had done was AOK. We haven't re-filed it yet.

We fear that even she leaves tomorrow, she will not be allowed to return because of a few days of being out of status. Is this alarmist?

Please, please, can anyone provide information based on some real-life experiences or knowledge?

Thank you

SF

[txh1b]

If she is married to a US citizen, there is nothing to be alarmed and rushing to leave about. Apply for the 485 as soon as possible. If she remains without applying, ultimately, she could possibly get into trouble. Technically, she can become a aprolee as soon as she applies for her 485.

Only issue is if she remains in the country without applying for 485, she should not leave without consulting an attorney as she will not be allowed back if she accumlates out of status period for a long time.

[barbarajlw]

If she is married to a US citizen, there is nothing to be alarmed and rushing to leave about. Apply for the 485 as soon as possible. If she remains without applying, ultimately, she could possibly get into trouble. Technically, she can become a aprolee as soon as she applies for her 485.

Only issue is if she remains in the country without applying for 485, she should not leave without consulting an attorney as she will not be allowed back if she accumlates out of status period for a long time.

Apply for AOS ASAP and don't leave the country. She is married to you USC so even if her visa expires no don't leave and go back home as you have had 130 approved. Just apply for AOS now. Good luck

[riversurf]

Thank you for the responses. There seems to be a big catch though in having her stay and submitting the I-485, which is that the form asks for her current visa number, which would have been the H1B visa number, which is now invalid, which I belief the USCIS would notice... and round and round we go...

Maybe the Infopass meeting will help, but I'm not optimistic about that, based on our past experience.


SF