Can I leave H1 job before GC (through Marriage) interview?

T

tjsmichigan

Registered Users (C)
Hello
I am currently on H1B visa. I filed for GC through marriage in May. I got my fingerprints done in June and my interview is schedule for July 27th. I am still waiting for my EAD card.

My husband and I are planning to move to Pittsburgh soon after the interview. Can I resign at my current job before interview? Or is it important for me to be on H1 status till my GC gets approved?

Please advice…

Thank you
 
TheRealCanadian said:
You can resign your H-1 job.
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Thank you for your prompt response.

I also thought of resigning and going on Adjustment status, but the immigration specialist of my new company asked me not to resign till I receive my EAD card or approved GC interview. They said if needed it will be hard for them to do my H1 transfer from Adjustment Status. I am not sure why they asked me not to resign.

Is it risky to be on Adjustment status? Do I really need a cushion of H1B?

Thanks
 
tjsmichigan said:
They said if needed it will be hard for them to do my H1 transfer from Adjustment Status.
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You don't need an H1 to work for them; considering your status I am surprised that they would even bother applying one for you. You cannot start work for them until you have either an approved AOS or an EAD, but that's completely separate from you resigning from your old company.

Is it risky to be on Adjustment status? Do I really need a cushion of H1B?
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While the risk is non-zero, for a straight-forward marriage-based case it is pretty darn close to zero.
 
OP, you may want to read about "H-1B portability" which provides that you can work for the new employer as soon as the new petition is filed, if you are currently in H-1B status ... I think that's their concern, that they don't want to wait for your EAD to come in for you to start your new job, is this a correct assessment?

Can someone answer if it would be a problem for someone who has filed for AOS to start a new job based on a new H-1B petition under the H-1B portability rules? Essentially, will the new H-1B petition even be accepted for someone with pending AOS?
 
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austriacus said:
OP, you may want to read about "H-1B portability" which provides that you can work for the new employer as soon as the new petition is filed, if you are currently in H-1B status
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AC21 is utterly silent on whether the alien beneficiary needs to currently be in valid H-1 status in order to claim portability benefits prior to petition ajudication. All that is required is that the alien has previously held H-1 status.

Can someone answer if it would be a problem for someone who has filed for AOS to start a new job based on a new H-1B petition under the H-1B portability rules? Essentially, will the new H-1B petition even be accepted for someone with pending AOS?
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A pending AOS is not grounds to deny an H-1 petition.
 
Soon after my interview date (July 27)my husband and I are planning to move to Pittsburgh. So should I give my new address during my interview so that I can receive my GC at my new place? Will change of address delay the process? What is the best way to go about this?

Please advice.. thank you
 
I would make the change online with AR-11 (a couple of days before the interview) and then, during the interview ask the officer to double check it is on their system. Give the new address to him/her as well.
 
Should we request USPS to collect our mails and we just get it from there or change of request will be faster?

Thank you
 
If my GC doesn't get approved on interview date what choices do I have? Can I still get an H1B transfer to my new employer?
 
Yes I have filed for EAD. I got my fingerprints done on June 13th and waiting for my EAD card. But again I am moving around July 30th so I am scared that I hope I don't loose EAD card in change of location.
 
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