When can I quit my job?

[Joey_TD 0]

My current status is H1. I filed I-130 and I-485 concurrently on March 1st and did the biometric on March 28. I'm planning to quit my job and take vacation before starting graduate school in August. However, the timing is a bit confusing to me. When will be a good time to leave my job from a legal standpoint? Do I need to wait until I get the green card?

Thank you in advance for your help.

[Inky 1,110]

Moved from adjustment from family visa to the correct forums adjustment from work, student, tourist visa.

[kcoyclay1 98]

I dont think that your current status is H1 if your petition is accepted for adjustment.

[NancyNguyen 1,657]

H1 visa (dual intent visa) still valid until your AOS interview is approved. Quitting or not is your choice.

[Harpa Timsah 13,258]

You can quit now if you like. If you do, you can't work again or travel internationally until you have EAD and AP.

Edited March 30, 2012 by Harpa Timsah

[mg23 1]

I'm in the same situation as you. You also need to take into account whether you included your own salary in the I-864 in order to prove minimum income per household. If you used your own salary then you're expected to continue earning it from the same employer post-approval. If you only used your spouse/sponsor's income to meet the threshold then the above is irrelevant.

To chime in with the other advice I think your H-1 visa is your status until you get approved, unless you take another job using your EAD card or leave the country and re-enter on anything other than the H-1 visa (like your AP).

[Joey_TD 0]

So H-1 is valid even though I quit my job? I know it may seem a silly question. But I always thought that you have to be in a company in order for the H-1 to be valid.

[Harpa Timsah 13,258]

No, once you quit you lose H1. That is why I said if you want to work or travel internationally after that, then you need EAD and AP.

[ceadsearc 516]

H-1 wouldn't be valid if you quit, but the NOA1 from AOS keeps you in-status until your GC is approved.

[NancyNguyen 1,657]

So H-1 is valid even though I quit my job? I know it may seem a silly question. But I always thought that you have to be in a company in order for the H-1 to be valid.

H1-B is company sponsor visa, if you quit employer, it is gone.

[Brother Hesekiel 2,235]

My current status is H1. I filed I-130 and I-485 concurrently on March 1st and did the biometric on March 28. I'm planning to quit my job and take vacation before starting graduate school in August. However, the timing is a bit confusing to me. When will be a good time to leave my job from a legal standpoint? Do I need to wait until I get the green card?

Thank you in advance for your help.

With the acceptance of your AoS package, you have entered a period of authorized stay. If your AoS is approved, none of what you do now matters. If your AoS gets denied, you'll have a bunch of other problems coming your way.

Look at it this way: you are a virgin. You get knocked up by a guy who then promises to marry you.

If the marriage takes place, none of this matters. If the marriage doesn't come through, you ain't no virgin again because of it.