I485 pending. Would like to quit working

[yankeedoodledoo]

Hi,

I am the primary applicant with a priority date of Nov 2008. I filed I485 for myself and my husband in January 2012. Both of us got EAD and AP and our fingerprinting is also done. Both me and my husband are current working on H1B visa. Our H1B expires in 2013.

We recently had a baby with some health problems for which surgery is required. I would like to quit work so that I can take care of the baby. If I quit work now what happens to our pending I485? Is it possible for me to legally be in the country and what are the chances that our GC will get approved once the PD date becomes current again?

[JoeF]

Technically, the GC is for a job in the future. You can use the AC21 rules to change jobs, and possibly to not work at all for a while, but you need to have a fulltime job lined up to start when the GC is approved.

[pontevecchio]

Talk to a Lawyer. You can stop working. The question is we are short of specific details. The AOS is for a future job.

[pontevecchio]

Sorry. Best of luck with the baby and may she rock the gates of heaven in the future to come.

[Belle]

Get a consultation with a lawyer. Since he green card is for the future employment, you may be off work for a while as long as you intend to re-join the workforce, and you have an offer of employment in a similar profession. Also, ask your employer if they can give you a sabbatical. Many employers offer that option, and it can generally be for up to a year.