derivative - quit job

[arahat]

My husband has applied for our I-485, AP/EAD. He is the primary applicant and I am applying as a derivative and I am currently on H1B.

My question is can i quit my employer and remain in status(I485 Pending) After Application date - i.e 08th August or do i have to wait for the Receipt ?

thanks

 

[techbuyer77]

yes AOS pending is a legal status
get EAD and you can work for whomever.

 

[arahat]

My question is different --
Am i AOS pending after i apply my I485(application date) ? or do i become AOS pending only after i get a receipt/Notice.

I know that with AOS pending i can leave the job and wait for EAD.

 

[techbuyer77]

as far as i know, the recepit is proof you are aos pending

 

[TheRealCanadian]

Am i AOS pending after i apply my I485(application date) ? or do i become AOS pending only after i get a receipt/Notice.

You are an adjustee once USCIS receives your petition, not when you receive your receipt notice.

If your I-485 is approved but you never got the receipt notice, are you a Permanent Resident?

 

[justdoit]

So its ok for the derivative to change employments without waiting 180 days?

 

[TheRealCanadian]

So its ok for the derivative to change employments without waiting 180 days?

Of course. The derivative has no employment requirements.

 

[techbuyer77]

But how can you prove it? With the receipt I guess

 

[TheRealCanadian]

But how can you prove it? With the receipt I guess

Absolutely. The I-485 is proof of status, but your status is not contingent on possessing that receipt. If you lose the receipt, are you out of status?

 

[arahat]

Thanks.
I am putting my resignation letter with the Useless/Corrupt Employer on the basis of the Application date (i know it reached USCIS on 6th August )

On second thoughts : To be 100% safe its better to wait to get the receipt date just to make sure that USCIS accepted it - i guess

But I am going ahead to my freedom.

I verified this with a paid experienced attorney too.