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I am on H1B and hold a good position in a consulting firm. I also got married in Nov 2013 to a US citizen and we applied for 1-485 (change of status) and 1-765(EAD) in the beginning of December. I finished my bio metrics on 26th Dec and I am now waiting for further notice.
Unfortunately/Fortunately my husband took up a better opportunity in another state in the beginning of January and we really want to live together. That would mean that I will have to leave my current job. I am a little uncomfortable being between statuses but I wanted to know if I can quit my job before I get the EAD and green card.
Are there any consequences that I should be aware of. Thanks a lot in advance.
If the GC is through your husband, then you can leave your job at any time but you can't join a new one until you get the EAD. At that point the EAD is your employment authorization to user for any job until you get the green card. Once you file your status is waiting for adjustment, you won't be out of status.
Filing for AoS puts your legal status in a holding pattern. You will not be able to work until you receive your EAD or Green Card whichever comes first.
Please - triple check your application and package and have copies of everything! Check your application status on-line. Make sure the address you are receiving mail at is current and correct.
I am on H1B and hold a good position in a consulting firm. I also got married in Nov 2013 to a US citizen and we applied for 1-485 (change of status) and 1-765(EAD) in the beginning of December. I finished my bio metrics on 26th Dec and I am now waiting for further notice.
Unfortunately/Fortunately my husband took up a better opportunity in another state in the beginning of January and we really want to live together. That would mean that I will have to leave my current job. I am a little uncomfortable being between statuses but I wanted to know if I can quit my job before I get the EAD and green card.
Are there any consequences that I should be aware of. Thanks a lot in advance.
Never change anything when an application is in the works. Tough it out.
I am on H1B and hold a good position in a consulting firm. I also got married in Nov 2013 to a US citizen and we applied for 1-485 (change of status) and 1-765(EAD) in the beginning of December. I finished my bio metrics on 26th Dec and I am now waiting for further notice.
Unfortunately/Fortunately my husband took up a better opportunity in another state in the beginning of January and we really want to live together. That would mean that I will have to leave my current job. I am a little uncomfortable being between statuses but I wanted to know if I can quit my job before I get the EAD and green card.
Are there any consequences that I should be aware of. Thanks a lot in advance.
Well... Yes. You can quit. You can quit any time you want. This is not a slave holder society, contrary to come opinions.
However, you are only employment authorized for your H1B company until you get your I-766.
So if you quit, you can't take up new employment until you get your EAD.
Keep in mind that if your AoS is denied, you're back to H1B status and only good for the one employer. And if you quit that job, and your AoS is denied, you're out of status. If you get more than 180 days out of status, then you won't be H1B eligible. Also keep in mind, that if your AoS is denied for cause, as opposed to lack of action on your end, your out of status regresses to when you lost your H1B status. Which for you, would be the day you quit your job.
It should only be one more month until you get your employment card, so I'd hold out a little while if possible since you're not going to suffer much over one months separation. He can use that month to get settled in the new state while you use that month to complete packing.
Just go be with your spouse. If you've done something to be denied a marriage-based GC, then you're sure not going to get an employment-based one. Plan to be out of status (or at least in questionable/suspended status) for half a year while your case processes. Don't leave the country or commit any crimes.
Is it really worth losing a month of your lives together for the remote chance that you'll be denied a marriage-based LPR? I vote no.
Because they already filed/started AOS process before quitting the job/before H1-B ends?
Are you stating that is the case or asking if that's the case? Just asking as you ended with a ?
When my husband quit his job (he was on H1-b and we were on H-4)) we were told that we had 2 weeks after the end of his contract date in which to leave the country.
I have an approved LPR application from 2008 and my husband had started AOS to LPR(Labor certification-was waiting for audit by DOL) in Aug 2012, but we wouldn't have been allowed to remain living in the country after H1-b ended. We left in Nov last year.
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