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I recently filed I-485 as F2A AOS. Recently received the…

I recently filed I-485 as...
I recently filed I-485 as F2A AOS. Recently received the biometrics appointment but at the same time, I was notified by my employer (currently I’m working under h-1b) that I’ll be laid off by the end of 2017. So once my h-1B is terminated, do I have to leave the country within 60 days and continue my application at my home country’s embassy?
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Answered in 16 minutes by:
11/25/2017
Edward Young
Category: Immigration Law
Satisfied Customers: 202
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.​

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Sorry about that. I entered the response above to the wrong client!

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: https://www.justanswer.com/law/expert-visaspecialist/ Or, simply request “Edward only” in the first line of your question.​

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Yes, if you have been laid off or your employer has gone out of business, you will have about two months to find a solution or leave the country before you are considered “out of status”. If your visa is expiring, you will have ten days before needing to leave.

But I need you to clarify your situation.

An F2 visa is for the spouse of a student. Are you trying to become a permanent resident through the I-485 process? If so, on what grounds? How long have you been in the U.S.?

The way to change to F-2 status is through travel and re-entry, which may be preferred over the in-country change of status in certain situations. In this case, you would depart the U.S. and then apply for an F-2 visa at a U.S. embassy or consulate abroad, preferably the local consulate in your home country. If the F-2 visa application is approved and the F-2 visa is issued, then you can re-enter the U.S. using your F-2 I-20 form and your F-2 visa. At the Port of Entry, your electronic I-94 will be updated to show your status as F-2 and the Admit Until Date as D/S, which confirms F-2 status.

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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,337
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

You have a pending I-485 under a family based petition.

Once you have filed the adjustment of status you are in a period of stay authorized by the attorney general and may remain in the US until USCIS makes a decision on your I-485 adjustment.

You do NOT have to depart.

You may remain here and work on an EAD issued based on the AOS. I hope you have filed an I-765 otherwise you will need to file immediately and wait the 90-120 days for approval.

Termination of your employment and the 60 day grace period does not apply to you at all.

You have permission to remain until USCIS decides your F2A.

You can also file an I-131 for an advance parole document to allow you to travel while waiting for the adjustment approval.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,337
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 2 months ago
Thank you for your answer. I filed EAS and advance parole but I was wondering what would happen if my H-1B is terminated while I am waiting for the EAD. My understanding is I need to maintain my status while I am waiting. Could you please let me know? - Thank you
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Category: Immigration Law
Satisfied Customers: 18,364
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Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,337
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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