Does EAD grant you status while waiting for AOS? Can you quit H1B job?

[pancakejelly 1]

Hello, spouse is currently waiting on AOS, adjusting from H1B visa. We also filed for the EAD card

I understand you need to keep a valid status until the green card is in hand.

 

But I’m wondering after getting the EAD card, can you quit your H1B job and find a random job in another industry to keep your status while waiting for the green card to be issued? Thanks

Edited April 26, 2022 by pancakejelly

[Chancy 6,241]

1 hour ago, pancakejelly said:

spouse is currently waiting on AOS, adjusting from H1B visa.

 

Is the AOS based on marriage to USC/LPR?  Or is it AOS based on the H1B job?

 

[pancakejelly 1]

25 minutes ago, Chancy said:

 

Is the AOS based on marriage to USC/LPR?  Or is it AOS based on the H1B job?

 

Sorry forgot to include. AOS is based on marriage to LPR

[Lil bear 4,217]

5 minutes ago, pancakejelly said:

Sorry forgot to include. AOS is based on marriage to LPR

EAD doesn't give legal “status”… you are in a period of legal “stay” while the AOS is being assessed… but an EAD gives authorization to work ..which is not limited like the H1B visa  

[pancakejelly 1]

7 minutes ago, Lil bear said:

EAD doesn't give legal “status”… you are in a period of legal “stay” while the AOS is being assessed… but an EAD gives authorization to work ..which is not limited like the H1B visa  

Ok. Does that mean my spouse can quit the H1B job and get a job in a different industry using EAD, while also making sure the AOS is not in jeopardy?

[Lil bear 4,217]

4 minutes ago, pancakejelly said:

Ok. Does that mean my spouse can quit the H1B job and get a job in a different industry using EAD, while also making sure the AOS is not in jeopardy?

I dont have a deep enough knowledge of the AOS process to answer definitively…but  it seems to me that yes, that would be fine..My thinking is because someone in the  US …. on a non working  visa then going through AOS because of marriage to a USC… is authorized to work once they have the EAD 

 

Hopefully someone else will give an answer .. 

[Chancy 6,241]

20 hours ago, Lil bear said:

My thinking is because someone in the  US …. on a non working  visa then going through AOS because of marriage to a USC… is authorized to work once they have the EAD

 

That's correct.  The complication with OP's case is that their petitioning spouse is LPR, not USC.  The critical point for the OP is that they must have maintained legal status all throughout their stay in the US until the I-485 was filed.

 

23 hours ago, pancakejelly said:

after getting the EAD card, can you quit your H1B job and find a random job in another industry to keep your status while waiting for the green card to be issued?

 

If you quit your H1B job, you will lose your legal status in the US, regardless of your AOS and EAD.  If you want to maintain your H1B status, either stay at your current job or apply for H1B transfer at another company.  It cannot be some random job.

 

If you are ok with not having legal status, then yes, you can quit your H1B job and switch to some random job.  You have "authorized stay" (although not legal status) in the US while your marriage-based AOS is pending, and having EAD means you are authorized to work.  Any (legal) job is fine, as long as your EAD is valid.

 

Tagging @arken @Bajinga.  Please correct if what I said above is not accurate.

 

[Bajinga 136]

information provided by @Chancy above is correct. you can technically use the EAD to work on any job, but once the EAD has been used you will no longer in the H1B status.
my suggestion would be not to use the EAD in your situation and maintain the H1B status if possible till the AOS has been approved. the major advantage being it gives you a legal status to fall back on in the cases where there are issues during the AOS or the AOS gets denied for any reason. otherwise if the AOS gets denied, you will immediately become unauthorised to work and subject to removal. the other possible hassle with EAD is the renewal if needed, we have seen the EAD renewals taking a long time in the recent times and in some cases people have had to temporarily stop working because of the delays.

Edited April 27, 2022 by Bajinga