H1 to I485 EAD


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I’m currently working with Employer A on H1-B.  My husband and I have the EAD card from pending I-485.  Since I have a newborn, I'm planning to resign from Employer A. 

1. Can I take a break of about 6 months and not work?  Will I be out of status? 

2. If I can use my EAD and stay in US after resigning from my H1 job, do I have to notify USCIS by submitting some form or automatically my H1 status will go off and I will continue on EAD?

3. Is it mandatory to work while I'm on pending I-485 and have an EAD? 



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1. Yes. You will be considered a person legally awaiting AOS. You will be legal to stay.

2. You may work or not work if you have the EAD. It is not a compulsory work authorization. EAD has NO connection to your stay. The pending AOS lets you stay. You need do nothing about your EAD if you do not work.

3. NO


4. Are you the primary or the derivative applicant?

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1. Yes and yes. Pending I-485 does not provide immigration status, even though it allows you to stay in the US.

2. You can't use EAD "to stay in the US". You can only use it to work. To stay legally, you need a pending I-485. There is no notification needed.

3. No, even for the primary beneficiary. However, the primary beneficiary of an employment petition needs to have a qualifying job offer at any time I-485 is pending.

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Please clarify the following too. 


My H1 was extended couple months back and it expires only in Sep 2014. 


1. If I quit employer A, will my H1B status automatically become invalid or will it be valid until my employer revokes my H1B? 


2. If I quit employer A in dec 2013, will my H1 get invalid immediately or can I find a new job couple months later before Sep 2014 using H1?   My question is, can I remain without job for couple months after quiting H1 job and then seek job on H1 again and in the intermediate remain in US since I have pending AOS. 


3. If I quit H1B employer, will I then be immediately using my pending-AOS to stay here? 


Thanks a lot!


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1. It does not become "invalid". The H1 approval should be good until it's expiration. You are no longer in status when you stop working for the employer. There is a difference between H1 approval (which is permission given to company to hire you) and being in-status (which only applies to you because it is your status).

2. Yes, you can get another job (or the same job) with H1 sponsorship. There is no doubt your H1 would be approved. Your COS (i.e. status) may not be approved because you were out of status for a while. To get back into status, you would have to enter on H1 visa.

3. Your pending I-485 has provided you with legal presence since the day it was filed. It will stil do that.

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