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silvermug

On H-1B but just got married to a USC - can I quit my job?

By silvermug in Adjustment of Status from Work, Student, & Tourist Visas

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silvermug Explorer

silvermug   16

Posted
Filed: Citizen (pnd) Country: Philippines
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I am on H-1B and just got married to a USC. I need to attend to some matters with my family and settle them.

We will send the application to USCIS next week.

Can I quit my job? Will I be out of status? As soon as I get my EAD, can I go back to work, right away?

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VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
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** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as you are adjusting from a H1B visa and the prior forum is for K1, K2, K3 & K4**

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

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Dakine10 Mentor

Dakine10   5,452

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Filed: Other Country: Russia
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I am on H-1B and just got married to a USC. I need to attend to some matters with my family and settle them.

We will send the application to USCIS next week.

Can I quit my job? Will I be out of status? As soon as I get my EAD, can I go back to work, right away?

The answer to all your questions is yes. You can quit your job. You will lose your status if you quit your job, and you can work as soon as you get the EAD.

There are some advantages to keeping your H1B status. You can leave and reenter the USA without needing advanced parole (for example in an emergency). You can also keep getting a paycheck. You also would still have your H1B status to fall back on if something went wrong with your AOS.

If none of the above things are important, then you don't need to keep your H1B status. I would reccomend at least waiting until you get the reciept notice for the AOS if possible. Should only take a few weeks and then you don't have to worry about being out of status.

Edited by Dakine10

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