Quitting job while I485 pending

[semaphore1254]

HI All

 

I am primary holder for GC. Currently I485 is pending. We received EAD about 1.5 years ago.

For some health issues, I would like to quit working and may go to India for little prolong period..

I had sponsored my husband too and our past India visit both of us returned US using AP.

 

My questions:

1. Is there legal obligation to quit?
2. Is it going to cause any trouble to my husband’s GC or Visa. He has his company filed GC and has not yet met priority date for his I485.
3. Can I go on H4 immediately?
4. Any actions to be taken by my husband since he used AP to return. Just to mention he has his valid H1-B good till next year.

 

I am little worried if everything is going to be disturbed.

 

Responses much appreciated.

Thanks!

 

 

[pontevecchio]

1. You can get the AP and leave till that is valid. You may need to prove an EVL for the job if asked.

2. No

3. Why if you are leaving soon? You can of course resign and still be legal here on the basis of your pending AOS.

4. Not necessarily.

 

Please discuss your matter with the firm of Murthy or any of your choice to avoid missteps.

[catx]

In addition to the discussions with your employer, before taking any action (i.e. discussing the matter with your employer, quitting your job), the suggestion (recommendation) would be to consult with a qualified, experienced immigration attorney to understand and assess both your and your husband's options.  It would be unfortunate if you did something inadvertently that hurt either or both your immigration statuses.  Call it 'insurance' / peace of mind.