H1B applying GC through Marriage - When Can I legally quit my current job?

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burbankuser

Registered Users (C)
Hello,

I am currently on H1B visa and recently married to USC. I sent my GC applications to Chicago lock box a week ago (I-130, I-485, EAD application...). My husband is currently in NY while I have to remain in CA due to my current H1B employment limitation.

I really appreciate if anyone could let me know when I can legally quit my current job to move to NY with my husband (without the need to get a new H1b sponsor). Do I need to wait until getting a new EAD?

Thank you so much for your help. This is my first time using the site. Your willingness to help others is awesome!
 
burbankuser said:
Hello,

I am currently on H1B visa and recently married to USC. I sent my GC applications to Chicago lock box a week ago (I-130, I-485, EAD application...). My husband is currently in NY while I have to remain in CA due to my current H1B employment limitation.

I really appreciate if anyone could let me know when I can legally quit my current job to move to NY with my husband (without the need to get a new H1b sponsor). Do I need to wait until getting a new EAD?

Thank you so much for your help. This is my first time using the site. Your willingness to help others is awesome!
Click to expand...
After receiving a Receipt Notice for your GC application, you can quit anytime. But if you want start another job right after quiting this, you should wait till you get your EAD.
 
burbankuser said:
Hello,

I am currently on H1B visa and recently married to USC. I sent my GC applications to Chicago lock box a week ago (I-130, I-485, EAD application...). My husband is currently in NY while I have to remain in CA due to my current H1B employment limitation.

I really appreciate if anyone could let me know when I can legally quit my current job to move to NY with my husband (without the need to get a new H1b sponsor). Do I need to wait until getting a new EAD?

Thank you so much for your help. This is my first time using the site. Your willingness to help others is awesome!
Click to expand...

What amishah says is correct. I had the same kind of case. H1B and my husband is a USC.I live in LA.
I found another job after I filed fo GC and quit my job 2 weeks ago, since I received my receipts.But upto now I could not start working at the new company. I just received my EAD and AP approval email yesterday late afternoon. I'm expecting a call from the HR at the new company.
If you want to follow other peoples timeline check the other topic "Recent experience with family based GC application" in this forum.
 
I am applying for spouse who is on H1. We are not planning to apply for EAD since she does not care to work if she loses her current job. I read somewhere that EAD is useful for driving license, etc. I do not understand how that could be.
So I am wondering if there any other benefit of applying for EAD other than being able to work?
 
maheshgajanan said:
I am applying for spouse who is on H1. We are not planning to apply for EAD since she does not care to work if she loses her current job. I read somewhere that EAD is useful for driving license, etc. I do not understand how that could be.
So I am wondering if there any other benefit of applying for EAD other than being able to work?
Click to expand...
I am not aware of any benifit of EAD other than work.
 
maheshgajanan said:
I am applying for spouse who is on H1. We are not planning to apply for EAD since she does not care to work if she loses her current job. I read somewhere that EAD is useful for driving license, etc. I do not understand how that could be.
So I am wondering if there any other benefit of applying for EAD other than being able to work?
Click to expand...


EAD is usefull for drivers license because , you need an SSN to get a drivers licence. And you need some kind of work permit to get the SSN. Since your spouse already has an H1B visa, she must already have an SSN. I don't think there is any other benefits of having an EAD.
 
burbankuser said:
THANK YOU SO MUCH FOR YOUR REPLY
Click to expand...

You know that all the prelimanary work is beign done at NBC, right? Meaning the EAD and AP gets approved by NBC and then they transfer your case to the District Office, which in my case is LA. They will schedule me for my
I-485 interview in LA. So, if you move to NY be aware that you originally applied from CA. I don't know if you can change your adress, but I hear from people that things are slower in NY compared to CA.
 
Gamze, thanks for your reply
Amisha, thanks for your reply here as well as your replies on other threads.
This kind of help is what makes this forum so invaluable.

Mahesh
 
Ah, this is exactly what I was looking for. I am in a very similar situation.

I am also on H-1B and am getting married to my fiance (USC) next week. But I want to leave this employer and would like to take a better opportunity. But I want to know when I can quit, safely and legally.

So, thanks for this information! :)
 
silvermug said:
I am also on H-1B and am getting married to my fiance (USC) next week. But I want to leave this employer and would like to take a better opportunity. But I want to know when I can quit, safely and legally.
Click to expand...

You can quit as soon as you get the I-485 receipt notice, but you have to wait for the EAD if you want to work in another job (assuming your next employer is not going to file another H1B). So if you don't want a gap in employment, you should not quit before you have the EAD in your hand.
 
what can happen if case hits a snag in either I-130 or I-485 processing or worse gets rejected? sorry, don't mean to sound pessimistic here but isn't OP better off waiting until he/she gets the greencard?
 
borg said:
what can happen if case hits a snag in either I-130 or I-485 processing or worse gets rejected? sorry, don't mean to sound pessimistic here but isn't OP better off waiting until he/she gets the greencard?
Click to expand...

You mean holding on to the H1B job in case the I-485 is denied, so they can stay in the US after the denial using the H1B?

If there is a "snag" that doesn't result in I-130 or I-485 denial, the case would just be delayed until the snag is corrected, and during the delay they can keep working with the EAD.

As far as denial is concerned, that is highly unlikely for a genuine marriage to a USC if the couple prepares well and they don't have any difficult circumstances to complicate it (e.g. criminal record, immigration irregularities, living apart). If the reason for denial is serious enough it may result in cancellation of the H1B anyway. If it is not so serious and the couple has a genuine case, it can probably be resolved with a Motion to Reopen, appeal, or reapplying.
 
yes, you should wait until you get the I-485 receipt and then terminate your position at that company, but not before
 
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