Leo_Loves

Hi all,

I've been doing some Googling and some digging around on forums and can't find the specific answer to this question. My USC GF & I are talking about marrying in the very near future. Once married, what's the timeline between initial filing and when I can quit my H1B job?

I know that there are different rules for different types of Visa e.g. if I were simply switching from my current H1B sponsored job to another, I would be able to work for the new company as soon as receiving the receipt of H1B application but is there a similar thing with the spousal visa?

Of course, the reason I ask is that I'm really unhappy at my current job and want to get an idea of how soon I can quit

Thanks all!

henryh

You can leave your job as soon as the application has been filed (maybe better wait for the receipt notice to be on the safe side). You aren't authorized to accept any other employment until you receive the EAD, which is typically 60-90 days after filing.

Leo_Loves

Wow, so from the very first form(s) being sent out, I can quit my job (voiding my H1B) and remain a legal resident while awaiting my EAD? That's awesome if so, I can pay rent for a few months.

ian-mstm

You can quit your H-1B job at any time. If, however, you want to remain in status, then you should not quit until such time as you have proof that your AOS application has been accepted for processing.


Once you receive your EAD, you can work elsewhere. During the interim, you are allowed to look for work, attend a job interview, and even accept employment - although you must not sign any papers.

Ian

Leo_Loves

Awesome! And is the AOS one of the first forms? I know there's one form and you have to wait for the receipt before you can file the second etc..

Noorah101

AOS means Adjustment of Status (the whole process). There are several forms involved in filing AOS, plus a full medical exam. All the forms, evidence, backup documents, and medical results are filed all together at the same time. It's NOT as you describe (filing one form, then waiting for a receipt and filing another form, etc).

Are you sure you're looking at AOS? You might be thinking of the Immigrant Visa process, which is what you'd get if you were living outside the USA.

Have a look at the BE Wiki Guide for AOS, then come on back with any questions. http://britishexpats.com/wiki/Adjustment_of_Status

Rene

md95065

Since the OP says that they have an H1-B visa and wants to quit that job I assume that they are already in the US - in which case they would be looking at applying for AOS as soon as they marry their USC partner.

Noorah101

I agree. Just making sure, since later on it seems he was describing the process for an Immigrant Visa.

Rene

Leo_Loves

Aaah, yes, I was getting mixed up. So, basically, as soon as I receive proof of receipt of the AOS package, I can quit my job and remain a legal resident of the US?

If so, that's awesome and I'll start collecting the required documents.

Thanks everybody!

Noorah101

As soon as you get the receipt from the AOS package, you are allowed to remain in the USA until the AOS is adjudicated. Not as a "legal resident"....you won't be one of those until you get your green card...but you're allowed to remain "under color of law".

But yes, you can quit your job, and then when your EAD comes in, you can get a new job if you want to.

Rene

jeffreyhy

Having a low risk tolerance, I'd be inclined to not quit the H-1B job until the adjustment of status is approved.

We know virtually nothing of the OP's situation without the drudgery of going back to review previous posts, it'd be a bitch to quit the job and have the application to adjust be denied. (Unless it should turn out that the marriage was solely to enable the OP to immigrate.)

Regards, JEff

Leo_Loves

Hey Jeff, thanks for the sage advice - this is the kind of thing I want to watch out for - it would suck to apply for AOS, quit work (voiding my H1B) think I'm secure and then find out I have to leave the country...

I thought that so long as the marriage is legitimate (and for legitimate reasons), which it is, that you don't get denied. I thought the most that can happen is an RFE causing delay... Right?

Thanks!
Leo

jeffreyhy

Something overlooked earlier could be found. Or you could do something bad between then and now. Or, USCIS could disagree with you about the marriage being bona fide. A successful adjustment may be highly likely, but it is not a 100% certainty.

You know the details, I do not, so I can't comment further.

Regards, JEff