Pending AOS and H1

[ss.mmm]

Hi,

 

Please clarify my questions below. 

My GC filing status is pending-AOS and I have got the EAD and AP card.  I'm currently on H1B and working with employer A.  I plan to take a break to be with new born for couple months and would have to quit my H1 employer since I dont have any more vacation. I have my extended H1 petition(I-797 approval) till Sep 2014.

 

1. If I quit H1B employer, will my H1B become invalid immediately or will it become invalid only after my employer revokes it or will I have it till Sep 2014?

 

2. If I quit job today, can I take a break for couple months and search for a new job on H1B or should I find employer B and get my H1B transferred to retain my H1 status? 

 

3. I understand that I can start working using EAD after quiting employer A after couple months.  But just want to be sure what will happen to my H1 and whether I will become 'out of status' since I quit my H1 job.

 

 

Thanks

 

[pontevecchio]

EAD based on AOS trumps H1 in ways too many times to mention. You will not be in H1 status on resigning. You will be in no status though legally allowed to stay based on pending AOS by the AG and work based on an EAD. In future you can go back to H1 status if you want for whatever reason.

[pontevecchio]

Just to add why would you want to confuse yourself even more by posting about the same matter twice? The answers are the same. If you wish, have a Lawyer go over your situation.

[JoeF]

Your H1 would become invalid as soon as you quit.

You stay legal due to the pending I-485.

Another employer can file an H1 for you at any time. But why would they spend the money? You can use an EAD to work, which doesn't cost an employer any application fees.

[kalyan_ac]

If you quit your employer you are basically abandoning your GC as well.

The H1b becomes immediately invalid once you quit the job making you out of status immediately.

[kalyan_ac]

To clarify further, your I485 becomes invalid if you quit before 180 days after filing I485 otherwise you will be in AOS pending status and can use EAD to get back to work at which point you may have to do AC21.

[ss.mmm]

Thanks for the replies!

[pontevecchio]

"To clarify further, your I485 becomes invalid if you quit before 180 days after filing I485 otherwise you will be in AOS pending status and can use EAD to get back to work at which point you may have to do AC21."

 

 

Please do not mislead the OP. Post #6 is absolutely and totally wrong. Please educate yourself about the whole matter. Even post #5 is erroneous. It is difficult to ignore 2 erroneous posts .

[Belle]

"To clarify further, your I485 becomes invalid if you quit before 180 days after filing I485 otherwise you will be in AOS pending status and can use EAD to get back to work at which point you may have to do AC21."

 

 

Please do not mislead the OP. Post #6 is absolutely and totally wrong. Please educate yourself about the whole matter. Even post #5 is erroneous. It is difficult to ignore 2 erroneous posts .

I agree. Both are off.

[kalyan_ac]

@pontevecchio: Request to educate me if you can.

Since the GC is for future employment and i understand I 485 is the employee petition but why would the employer still be interested in keeping the I140 active if the OP quits the job.

 

So you mean to say once the I485 is filed you can quit the job and do nothing.

[pontevecchio]

The OP is a derivative applicant. Hence your question has no meaning.

[Belle]

As a primary applicant, you don't need to working in a sponsoring job, you just need to have a job offer. There may be many-many reasons while someone would choose not to work for a period of time (school, family situation, lack work authorization, etc). Again, there is no requirement to work for the sponsoring employer while the I-485 is pending.