Immigration Issues/H1B and AOS

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Question
I am on H1B visa and will be laid off in two weeks. I am also married to an USC and will apply for AOS in a week.
1. Will I be out of status while my AOS is pending? 2. Can I still get a new H1B with the same or different employer while AOS is pending and current H1B is expired?
3. Can I travel abroad once I get the advance parole (but no H1B status) ?

Answer
You are not out of status with pending AOS. You can get new H-1 but you do not need it. As part of the AOS you should have filed form I-765 to get work permit that allows you to work for any employer. You can travel once you get advance parole.


Regards,

Robert

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Robert Hollander<B> Esq.</B>

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