I am in H1B status and recently got married to a U.S. citizen. We filed an I-130 and I-485 based on the marriage, and both cases are still pending. I may be laid off soon. If that happens, do I have to leave the U.S.?

Answer

Normally, a person may remain in the U.S. based on a pending I-485 application. If the H1B worker is laid off, it likely will be necessary to stop working until the EAD is issued (or an H1B change of employer petition is filed). (19.Nov.2025)

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