Legal status after filing I-130 and I-485

[Deejro 0]

Hi All,

I am filing I-130, I-485, and I-765(EAD) concurrently for my wife as I am an USC. She is currently working with H1B visa.

Can she quit her job and still be in status after USCIS receives the forms?

Or should she wait for the green card to be approved?

Will she still receive the EAD card if she quits the job?

Thanks everybody.

[Harpa Timsah 13,258]

H1B is a dual-intent visa so it's slightly more complicated than most.

If she does not quit her job, then she will remain on H1B while AOS is adjudicating. She can work and travel with her H1B just like before.

If she wants to quit her job, that's okay too. Once the AOS is accepted for initial review, if she quits her job, she will be in a period of authorized stay while the AOS is adjudicated. However, in order to work, she will need her new EAD (based on the AOS) and to travel abroad, her Advance Parole. Her new EAD has nothing to do with her old job, so of course she will get it, and with it she can work for any employer. These documents take around 90 days to be approved.

Once she gets her Greencard, then she will no longer need her EAD or AP, as the GC gives the right to work and travel by itself.

[Kathryn41 3,205]

Topic has been moved from AOS from a Family based visa to AOS from a Work, Student & Tourist Visa as OP is adjusting from a work visa

[Deejro 0]

H1B is a dual-intent visa so it's slightly more complicated than most.

If she does not quit her job, then she will remain on H1B while AOS is adjudicating. She can work and travel with her H1B just like before.

If she wants to quit her job, that's okay too. Once the AOS is accepted for initial review, if she quits her job, she will be in a period of authorized stay while the AOS is adjudicated. However, in order to work, she will need her new EAD (based on the AOS) and to travel abroad, her Advance Parole. Her new EAD has nothing to do with her old job, so of course she will get it, and with it she can work for any employer. These documents take around 90 days to be approved.

Once she gets her Greencard, then she will no longer need her EAD or AP, as the GC gives the right to work and travel by itself.

Thank you very much Harpa. This is very helpful.

[mg23 1]

I'm in the same situation as your wife: H-1B married to a USC and applying for I-130/I-485, and was hoping to quit my job before the process is complete. I got the same (great) advice as you did. You might also need to look at whether it affects the I-864 Affidavit of Support you sent off. If you didn't use your wife's current income on the I-864 in order to get over the minimum income requirements per household, then no problem. If you did use her current income to get over that threshold, then she's expected to continue working at the same employer post AOS-approval so might be better to wait until the approval comes and the dust settles before quitting. That's what we've decided to do anyway

[Harpa Timsah 13,258]

Good point Mg.