H1B and AOS

[Wbuckley 0]

My wife (recently married) has been here legally working with an H1B visa for the last 5 years. We are getting ready to submit our AOS paperwork this week. My question is when can she quit her job without losing her legal status? She will be going to school and not working. Do we need the EAD even if she doesn’t plan on using it? She is very concerned about being out of status.

[meemette 0]

My understanding is that once you file for AOS, you cannot be out of status. So your wife only needs an EAD if she plans on changing jobs, i.e. working somewhere that's not her current H-1B job. But if she quits her job now and for some reason her AOS is denied, she will be immediately out of status. Another effect of quitting her job is that she won't be able to travel abroad on her H-1B while her AOS is pending, so she would need to apply for AP.

[YuAndDan 153]

As soon as you file the I-130/I-485/I-765/I-864 this makes her pending AOS so not a problem.

File for EAD with AOS, it is part of the $1010 fee paid for AOS.

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

[Erin and Muraari 0]

Be aware that many schools require and EAD or the AP as proof that you are AOS pending and will not accept your NOA notice only. A friend of mine now at MIT was told this. Different schools have different policies. But since you are paying for it anyway you might as well get the AP and EAD which puts her int he clear to go to school, as well as to quit her job and still be able to travel etc. etc.