Am I out of status ?

N

nielsen

Registered Users (C)
I am on an H1b and am awaiting adjustment of status through citizen spouse (waiting on fbi name check). I have not applied for EAD / AP.

I understand that my H1b expires if I quit my current employer, but does that mean I am out of status (assuming if I am not working for anyone) ? So, can I legally continue to reside in USA as long as my 485 is pending approval ?

I assume if I later on do apply for EAD / AP, I can start working for any employer ?

Any help is appreciated.
Niel Sen
 
since you have your I-485 pending you are legal to stay in the US. at anytime of the period of waiting for approval you can apply for a EAD to work so you no longer need your H1B. even if you don't chose to apply for a EAD because you dont wish to work you are legal in the US no matter what because your AOS is pending. best of luck.
 
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