staying in the U.S. without a visa after I-485

[kgkg]

Sorry if this topic is not related to the board.

 

I am currently using H1 to work for a company. My I-485 is pending, but the case is through my mother, who is a US citizen. I decided to quit the job, so my H1 will be invalid.

 

My question is whether I can still legally be in the US after I quit my job because the H1 visa is invalid. Should I quit after I receive I-485 receipt notice, but not before?

 

After quitting the job, I will start looking for a new job after my EAD is approved. I do not know how long it will take for my EAD to be approved.

[yuehan123]

Well, I notice your post has neither been deleted nor moved so let's infer it's ok to post an H1 question here. Welcome.

 

Recommend you consult an immigration attorney. I am not.

 

Given the choice you describe I would never place myself in an illegal immigrant status. If your H1 becomes invalid upon your termination (for whatever reason) and there is no grace period and you do not have verifiable USCIS permission to remain in this country in your possession, why risk it? Keep the job until you have something.

 

EAD approval is really irrelevant to your immigration status except as it relates to the presumption of permission to remain here.

[Guest Rob & Jin]

your mother needs to file I-130 for you to become an legal immigrant before you can adjust status as you need a A#

 

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

http://www.uscis.gov/files/article/A1.pdf

 

Different if a company was sponsoring you for LPR

 

When does your existing visa expire ?

Edited May 14, 2008 by Rob & Jin (see edit history)

[Randy W]

You didn't say, but I assume you either have an approved I-130, or have one pending.

 

Are you under or over 21?

 

If your I-130 is not yet approved, you should probably talk to an attorney. There is presently a 6 year wait for an available visa number (if you are over21).

[Sebastian]

I THINK if yer I-485 (AOS) is pending, then you can apply for, and get, EAD.

 

But you really didn't list much details, so we're assuming (rightly or wrongly) that it's for an I-130 based on yer mother's US Citizenship status.

 

If you haven't actually QUIT, then don't. Being 'in-status' is a lot easier for 'living in the USA' than being 'not-in-status' .

[Guest Rob & Jin]

Ummm...... the OP states he is here on a H-1B visa, there is no mention of having filed for or received I-130.

 

It would appear he is trying to adust status from a H-1B,which cant be done. I'm not sure if they have missed the I-130 step out but it looks that way.

 

Of course he might have but just forgot to mention it. If he has immigrant status then the H-1B is mute in AOS, but the impression he gives is he is not a legal immigrant but a temporary worker.

If this is the case, then if loses the job, the visa goes too and he will have to leave.

[kgkg]

Thanks, guys! I am sorry that I did not make it clear. My I-130 from my mother (she is a U.S. citizen and live in the U.S.) is approved, and my priority date will become current in June. I will submit my I-485 in June.

 

I am currently working as an H1B temporary worker. My question is whether I can stay in the U.S. after I -485 submission and quit the job. Thanks!

[Randy W]

You are fine! Do not leave!

 

You would probably be safe even quitting the job now! But submit an I-765 EAD application along with the I-485 app.

Edited May 14, 2008 by Randy W (see edit history)

[kgkg]

You are fine! Do not leave!

 

You would probably be safe even quitting the job now! But submit an I-765 EAD application along with the I-485 app.

 

Great news! Do you know any way to expedite the approval of EAD? Thanks!

[IllinoisDave]

You are fine! Do not leave!

 

You would probably be safe even quitting the job now! But submit an I-765 EAD application along with the I-485 app.

 

Great news! Do you know any way to expedite the approval of EAD? Thanks!

Run, do not walk to the post office when filing. That's about all you can do.

[kgkg]

You are fine! Do not leave!

 

You would probably be safe even quitting the job now! But submit an I-765 EAD application along with the I-485 app.

 

Great news! Do you know any way to expedite the approval of EAD? Thanks!

Run, do not walk to the post office when filing. That's about all you can do.

 

Hehe, that is funny.

[Guest Rob & Jin]

glad thats all sorted

[georgeandli]

Might as well file I-131 also. Filing fee is waived and you sould get biometrics appointment quicker.