Quitting job while AOS pending

[thepanda 87]

Hi everyone, 

 

as I do not want to hijack anyone's topic so I am opening up my own. 

You can see my timeline below in my signature - F2A Category/Spouse to a LPR. 

 

My questions: 

1. Can I quit my job and switch to i-458 pending? 

2. I have read about a 180 days grace period. What is that? Is this relevant for AOS people? 

3. Should I wait for my i-130 to be approved before I quit or could I quit before? 

 

I am not planning on quitting right away but I would like to quit by September/October if possible. 

 

Anyone in a simliar situation? Any help is appreciated. Thank you. 

[Teemo 252]

5 hours ago, thepanda said:

Hi everyone, 

 

as I do not want to hijack anyone's topic so I am opening up my own. 

You can see my timeline below in my signature - F2A Category/Spouse to a LPR. 

 

My questions: 

1. Can I quit my job and switch to i-458 pending? 

2. I have read about a 180 days grace period. What is that? Is this relevant for AOS people? 

3. Should I wait for my i-130 to be approved before I quit or could I quit before? 

 

I am not planning on quitting right away but I would like to quit by September/October if possible. 

 

Anyone in a simliar situation? Any help is appreciated. Thank you. 

1. Once your I-485 is pending (NOA received) you are in authorized stay by the Attorney General so you can let any previous status go (ie let F1 or H-1B lapse) and not be accruing unlawful presence. This would only come back to bite you if your AoS was not approved in which case you'd start accruing unlawful presence at that point (assuming there is no underlying status like an H-1B visa still valid). If that happened your best hope is to wait for your spouse to naturalize as marriage to a US citizen would forgive accrued unlawful status. This does not apply to the I-130 alone though - you are not in authorized stay when that alone is filed. So you need your I-130 approved, and then when your priority date is current you can file I-485, get your NOA and only then can you fall out of status.

 

2. I think you must be referring to people who overstay their lawful presence by less than 180 days and then leave the country. The 3 year bar to entering the US would be triggered only after 180 days unlawful presence and when that person departs the country (10 year bar if over 365 days unlawful presence). If you accumulate less than 180 days, there is no formal bar but it will be hard to get a non-immigrant visa again unless you can convince the officer your overstay was short, reasonable, and would not happen again. This is not really a grace period per se, just a time period where there is no formal rule stating consequences. 

 

3. As above, simply filing and having an I-130 approved confers no immigration benefit. It establishes your priority date for when your I-485 can be filed. Do not fall out of status before that date.

[thepanda 87]

16 minutes ago, Teemo said:

1. Once your I-485 is pending (NOA received) you are in authorized stay by the Attorney General so you can let any previous status go (ie let F1 or H-1B lapse) and not be accruing unlawful presence. This would only come back to bite you if your AoS was not approved in which case you'd start accruing unlawful presence at that point (assuming there is no underlying status like an H-1B visa still valid). If that happened your best hope is to wait for your spouse to naturalize as marriage to a US citizen would forgive accrued unlawful status. This does not apply to the I-130 alone though - you are not in authorized stay when that alone is filed. So you need your I-130 approved, and then when your priority date is current you can file I-485, get your NOA and only then can you fall out of status.

 

2. I think you must be referring to people who overstay their lawful presence by less than 180 days and then leave the country. The 3 year bar to entering the US would be triggered only after 180 days unlawful presence and when that person departs the country (10 year bar if over 365 days unlawful presence). If you accumulate less than 180 days, there is no formal bar but it will be hard to get a non-immigrant visa again unless you can convince the officer your overstay was short, reasonable, and would not happen again. This is not really a grace period per se, just a time period where there is no formal rule stating consequences. 

 

3. As above, simply filing and having an I-130 approved confers no immigration benefit. It establishes your priority date for when your I-485 can be filed. Do not fall out of status before that date.

 

Thank you so much for that detailed response. 

My i-130 is pending but I was already able to file AOS due to AOS filing chart. I did my biometrics this week and my status change to “Case ready to be scheduled for an interview”. 

If my AOS won’t get approved, I do not want to stay here and I will return to my home country. 

 

Edit: I just realized that you must be on your phone and that’s why you are not able to see my timeline. I’ll post it below after copying it from my signature. 

 

Edited June 2, 2018 by thepanda

[thepanda 87]

This is my timeline:

 

Adjusting from E2 with pending I-130

Category F2A

PD April 6th, 2017

 

April 14th, 2018 - AOS package sent 

April 16th, 2018 - AOS package delivered at Chicago Lockbox

May 1st, 2018 - package returned due to issue with G-1450 Form (I do not recommend this form of payment) 

May 2nd, 2018 - resubmitted AOS package via FedEx

May 3rd, 2018 - AOS package delivered at Chicago Lockbox

May 10th, 2018 - USCIS cashed check 

May 11th, 2018 - received NOA1 via e-notification

May 14th, 2018 - received hardcopies of all 3 NOA1s 

May 26th, 2018 - received Biometric Appointment letter // Biometric Appointment: June 7th

May 30th, 2018 - Biometrics done in Alexandria, VA - Early Walk-In successful!

May 31st, 2018 - Status Update Online: Case is Ready to Be Scheduled for An Interview 

[Teemo 252]

3 minutes ago, thepanda said:

This is my timeline:

 

Adjusting from E2 with pending I-130

Category F2A

PD April 6th, 2017

 

April 14th, 2018 - AOS package sent 

April 16th, 2018 - AOS package delivered at Chicago Lockbox

May 1st, 2018 - package returned due to issue with G-1450 Form (I do not recommend this form of payment) 

May 2nd, 2018 - resubmitted AOS package via FedEx

May 3rd, 2018 - AOS package delivered at Chicago Lockbox

May 10th, 2018 - USCIS cashed check 

May 11th, 2018 - received NOA1 via e-notification

May 14th, 2018 - received hardcopies of all 3 NOA1s 

May 26th, 2018 - received Biometric Appointment letter // Biometric Appointment: June 7th

May 30th, 2018 - Biometrics done in Alexandria, VA - Early Walk-In successful!

May 31st, 2018 - Status Update Online: Case is Ready to Be Scheduled for An Interview 

Yep on my phone so didn't see that. So what's your question? Yes you can quit your job. You can't start a new job until you receive your EAD tho

[thepanda 87]

10 hours ago, Teemo said:

Yep on my phone so didn't see that. So what's your question? Yes you can quit your job. You can't start a new job until you receive your EAD tho

Thank that’s exactly what I wanted to know.  

[thepanda 87]

I have another question. 

I am currently in the US under a valid E2 visa and I have another job opportunity. My question would be 

 

... can I transfer my E2 visa even though I applied for the Green Card via AOS? If I understand correctly, for transfer needs to apply for a new E2 application which means I would have to proof that I am returning after the visa expires, correct? Therefore I am not eligible I assume? I just wanted confirmation.