Lost H1B during waiting period

A

Alicewhd

New Member
Lost H1B status while waiting for green card

I am currently working in New York with an H1b Visa and got married with my husband (US citizen) working in Maryland. We plan to submit I-130 and I-485 for applying permanant residency.

As I have strong desire to quit my job and move back to Maryland as soon as possible, I wonder if I could quit the job during the waiting period. Will we have any trouble when it comes to interview?

If I want to work after I move back to Maryland, I will need to apply for I-765. How long does it usually take to get the employment authorization?

Thank you so much for your help!!!
 
Last edited by a moderator:
Alicewhd said:
As I have strong desire to quit my job and move back to Maryland as soon as possible, I wonder if I could quit the job during the waiting period. Will we have any trouble when it comes to interview?
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Quitting won't be a problem in the interview, but if you quit before filing the I-485, you would be deportable if caught. You should keep working until at least you have the I-485 receipt.

If I want to work after I move back to Maryland, I will need to apply for I-765. How long does it usually take to get the employment authorization?
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Usually 2-3 months.
 
Thank you so much for your reply. If I submit I-765 when I file the I-485, would that be a problem? Or I-765 wont get approved unless I dont have the H1B any more.

Thanks again!!!
 
The I-765 doesn't depend on your H1B or lack thereof, it depends on your I-485.

You should submit the I-765 with the I-485. Failure to submit them together will cause a delay of the I-765.
 
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