Can I stay ini the US if I lose my job and while we work on gathering the documents and submitting a family based petition?

Hello, Thank you for your question.  If you lose your job and are not able to find another position in the same category then I would file for your adjustment of status through your marriage as soon as possible.  Once your current adjustment of status application through employment is denied/withdrawn then you will be out of status and accruing unlawful presence.  While this time would be waived once you are approved for adjustment of status through marriage to a U.S. Citizen, it's best to have as little of a delay as possible in submitting the new adjustment of status application. Kind regards, Erin   Due to the limitations of the Lawyers.com Forums, Erin Elliott Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

  At this time, you have a nonimmigrant I-94 valid until October 2020 and an EB-1 I-485 which is currently pending. Even when the I-94 expires, you are still allowed to remain in the US by virtue of the pending I-485 application. It is up to you whether to continue to rely on your EB-1 I-485 or to switch to one based on marriage to a US citizen. I note that if you are a native of China, the current final action date for visa availability is 6/8/17 for the month of April. If you are born in India, visa availability is unfortunately backlogged to 5/1/15 for the same month. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.