At what point in the AOS process is a "safe" time to leave H-1B job?

[mg23 1]

I've read up on the typical major milestones of the AOS process but need some clarification with how my potential situation fits into it. I've been in the USA since 2009, originally on a J-1 and now on an H-1B visa. I'm marrying a US citizen soon, and we want to get the GC process started as quickly as possible. At some point in the process, whenever it's a "safe" time and won't jeopardize everything, we're both going to take 3 or 4 months off to enjoy a long honeymoon, do some travelling and catch up with family/friends all over the USA and overseas. The honeymoon will involve some foreign travel so along with the I-765 I'll also apply for I-131 Advance Parole Travel document (with multiple entry because I may fly in and out two or three times during the whole process, depending on the time it takes to complete).

I read the first couple of paragraphs on this page (General information and notes about adjustment from H1B, F-1, J-1, and other visa types) but I think they don't quite apply to me. It refers to losing H-1 status as soon as you use a marriage-based EAD card, and automatically changing status to "pending adjustment" but nothing about losing H-1B status for simply quitting with no other job lined up. If I quit, am I also "pending adjustment", or at that point will I become "out of status"? Obviously I want to avoid that.

So, at what point in the process is the earliest I could safely quit and we could take our nice long honeymoon?

Many thanks!

[Harpa Timsah 13,258]

The whole AOS process takes about 3-4 months, so the idea of waiting until you have AP (takes 3 months to process) and then going on an extended trip doesn't make sense. You will have a mandatory interview together at the end of your process. You can continue with your H1B until the AOS is adjudicated. You won't lose your H1B status because H1B is a dual-intent visa - meaning you can use it to enter the US with the intent to immigrate. If you would quit your job, you'd then be under "AOS pending" which is a limbo status, but it is a period of authorized stay. If you would quit your job, you would need AP to travel or your AOS would be considered abandoned.

So to answer your question, take your honeymoon after the AOS is finished. You wouldn't want to miss your interview and have your AOS denied.

[mg23 1]

The whole AOS process takes about 3-4 months, so the idea of waiting until you have AP (takes 3 months to process) and then going on an extended trip doesn't make sense. You will have a mandatory interview together at the end of your process. You can continue with your H1B until the AOS is adjudicated. You won't lose your H1B status because H1B is a dual-intent visa - meaning you can use it to enter the US with the intent to immigrate. If you would quit your job, you'd then be under "AOS pending" which is a limbo status, but it is a period of authorized stay. If you would quit your job, you would need AP to travel or your AOS would be considered abandoned.

So to answer your question, take your honeymoon after the AOS is finished. You wouldn't want to miss your interview and have your AOS denied.

I really appreciate the input Harpa. Thanks again. I understand that it would be ideal to wait until the entire process is finished and AOS approved before I quit my job, but the reason I asked the question is because my situation, or rather the timing involved, isn't ideal. Essentially it's unlikely we'd be able to have the kind of experience we'd like if we don't do it as soon as possible i.e. starting early summer. There are a number of family events and both of us have significant career opportunities likely coming up in the fall that would mean we'd be unable to take that length of time off to spend together. It's kind of "now or never"!

Maybe the importance of overseas travel in my original post was overstated. It's not definite that we'd even leave the country before final AOS approval. We'd be happy enough spending the first few months of the honeymoon seeing as much of this huge country as possible. Also, I don't think missing any important interviews is relevant: we'd have access to all mailed and emailed correspondence to us and we could be wherever they wanted us to be on whatever dates they state. The key thing in our unusual situation is simply that we would like to maximize the amount of time we have between job changes, and with us almost certainly having to get back to the 9-5 career rat race around October, I'm just trying to get as much info as I can to weigh up the likelihood that quitting our jobs at the wrong point will ruin everything.

So if I quit my H-1B during the AOS application period I'd be in limbo, but technically in a period of authorized stay (so an undesirable state, but not illegal). So as long as I don't leave the country before the Advanced Parole is processed, and as long as I don't work before the EAD card is processed, I'm legal and not causing problems with my AOS process? Is that correct? Would that be the case if I quit my job very soon at any point in the entire process e.g. immediately after receiving receipt of application from USCIS?

[Harpa Timsah 13,258]

You can quit right away, yes. You can quit now if you like. Overstay is forgiven/irrelevant for spouses of US Citizens. Keep in mind that you will have a fingerprint appointment about one month (give or take) after you submit your package and a joint interview sometime after that. Email notices aren't reliable, so make sure someone is checking your postal mail. Your husband has to be employed and make over the 125% poverty line at time of adjudication (or have assets), or he must have a co-sponsor. Keep that in mind if he quits his job too. Your last paragraph is all correct.

I recommend a stop at boiling river in yellowstone national park

Edited February 22, 2012 by Harpa Timsah

[mg23 1]

Aha, well me and my soon-to-be-wife (you got our genders the wrong way round, no worries ) intend to quit our jobs at the same time so that's definitely a relevant point. Does "time of adjudication" refer to the time when the final decision is made i.e. usually right after the joint interview?

I guess I now need to look into the possibility of proving we have savings/assets 125% above poverty line.

I recommend a stop at boiling river in yellowstone national park

We'll definitely take you up on that recommendation if/when we get a chance to

[Harpa Timsah 13,258]

Yes, "time of adjudication" means interview or thereafter. You guys could quit and have a honeymoon then, right? There are a lot of different parts to this, and I would try to figure out all the parts so you can organize your plans. Good luck.

[HappyMama 0]

I think this depends on you and your wife's savings, because they will ask for pay stubs and job letter at your interview or proof of enough money (someone else could give you the numbers etc) you can quit when ever but she needs to be able to fulfill their requirements

[Gary and Alla 3,694]

I really appreciate the input Harpa. Thanks again. I understand that it would be ideal to wait until the entire process is finished and AOS approved before I quit my job, but the reason I asked the question is because my situation, or rather the timing involved, isn't ideal. Essentially it's unlikely we'd be able to have the kind of experience we'd like if we don't do it as soon as possible i.e. starting early summer. There are a number of family events and both of us have significant career opportunities likely coming up in the fall that would mean we'd be unable to take that length of time off to spend together. It's kind of "now or never"!

You will also have to go to biometrics. This is not about "ideal" conditions, this is about realistic conditions. Put it another way...

Go wherever you want (if you have the proper papers) have someone you TRUST check your mail eery day and be prepared to return at any time you are notified your presence is required. Otherwise, decide what is the better opportunity of a lifetime.

[ceadsearc 516]

Keep in mind assets have to be 3x the difference. So if neither of you are working you would need 3x the amount listed on the poverty guidelines. Alternately, you could use a cosponsor if you have someone who is willing to do that. Good luck!