I-130 & I-485 filed for spouse on H1B (quitting job - how soon?)

[Boston2009]

Hi
Just filed the I-130 and I-485 using the help from the people in the forum (thanks! - lawyer wanted $2500). Spouse is on H1b - how soon can she leave her job legally if she wanted to?

Thanks

 

[Desi4ever]

This is what I've heard from talking to people and reading forums.

As a spouse of US citizen,as long as your wife entered USA legally with a valid visa status , there should be no problems in getting I-485 approved.

My wife is also on H1-B and she quit her job a week before her EAD arrived.

 

[Boston2009]

Thanks - but the question is more of a 'technical' one. Can she quit after we get :
1. Before NOA for I-130?
2. After NOA for I-130?
or are there other criteria?

 

[thomas_psu]

1. Before NOA for I-130?
2. After NOA for I-130?
or are there other criteria?

As long as she has filed for AOS, she is legal pending adjudication of her AOS case. If you want to be extremely cautious, wait for the NOA to arrive.

 

[Triple Citizen]

She should also quit 90 days after her last entry into the US on her H-1B status. This is just to be on the very safe side.

Thanks - but the question is more of a 'technical' one. Can she quit after we get :
1. Before NOA for I-130?
2. After NOA for I-130?
or are there other criteria?

 

[preethi.mca]

Hi

I am also kind of in the same situation. My spouse has the ID on Mar 3, 2010. I am currently on a H1-B Visa. How soon can i quit my job?

 

[Jackolantern]

Thanks - but the question is more of a 'technical' one. Can she quit after we get :
1. Before NOA for I-130?
2. After NOA for I-130?
or are there other criteria?

None of the above. She should quit only after receiving the I-485 receipt. I-130 itself gives no legal stay in the US.

 

[Jackolantern]

I am also kind of in the same situation. My spouse has the ID on Mar 3, 2010. I am currently on a H1-B Visa. How soon can i quit my job?

What is ID? Interview Date for citizenship?

 

[Jackolantern]

She should also quit 90 days after her last entry into the US on her H-1B status. This is just to be on the very safe side.

Absolutely no need for to wait for that. H1B explicitly allows immigrant intent.

 

[preethi.mca]

What is ID? Interview Date for citizenship?

Thanks for the response. I meant to say Oath date is on Mar 3. Since the oath is on Mar 3, i can potentially apply for I-485 and EAD on the same day.

 

[Jackolantern]

Thanks for the response. I meant to say Oath date is on Mar 3. Since the oath is on Mar 3, i can potentially apply for I-485 and EAD on the same day.

Yes, if you already have completed the medical (which can be done up to 12 months ahead of time). But don't quit until you get the I-485 receipt.

 

[Triple Citizen]

I know. However, my comment was only meant to address the remote scenario of running into a hard-nosed incompetent AOS adjudicator.

Absolutely no need for to wait for that. H1B explicitly allows immigrant intent.

 

[preethi.mca]

Yes, if you already have completed the medical (which can be done up to 12 months ahead of time). But don't quit until you get the I-485 receipt.

By I-485 reciept do you mean the NOA?

 

[Triple Citizen]

Yes, that is exactly what Jackolantern meant.

By I-485 reciept do you mean the NOA?

 

[preethi.mca]

Yes, that is exactly what Jackolantern meant.

Great. Thanks guys for the information.

 

[Jackolantern]

By I-485 reciept do you mean the NOA?

Yes, the one that will have "Type of Notice: Receipt Notice" printed at the top section.