Maintaining Status while on EAD/AP

[GC_LIKEE]

I am an H1B holder and I got my EAD/AP through my spouse's 485 processes. I am planning on quitting my current job. (Hopelessly unresolved issues at work).

My question is that since I am an H1b holder and a recd. my EAD/AP as a derivative through my wife's GC process can I remain unemployed for a period of time or should I be continuously employed to maintain legal immigration status in the US? If yes what would that status be?

 

[RB35]

You will be ok

I am an H1B holder and I got my EAD/AP through my spouse's 485 processes. I am planning on quitting my current job. (Hopelessly unresolved issues at work).

My question is that since I am an H1b holder and a recd. my EAD/AP as a derivative through my wife's GC process can I remain unemployed for a period of time or should I be continuously employed to maintain legal immigration status in the US? If yes what would that status be?

You don't have to maintain your H1-B and you can quit your job and still be in legal staus because of pending I-485 and also having EAD Valid.

Worse case scenerio is maintain you EAD(renew everytime until I-485 is approved). And by some reason your wife's I-485 gets denied then your are out of status only if she doesnot have valid H1-B. If she does have a valid H1-B then you can immidiately transfer your status to H4.

Rearly I-485 gets denied for EB category.

 

[GC_LIKEE]

You don't have to maintain your H1-B and you can quit your job and still be in legal staus because of pending I-485 and also having EAD Valid.

Worse case scenerio is maintain you EAD(renew everytime until I-485 is approved). And by some reason your wife's I-485 gets denied then your are out of status only if she doesnot have valid H1-B. If she does have a valid H1-B then you can immidiately transfer your status to H4.

Rearly I-485 gets denied for EB category.

Thank you for the quick response

 

[WellWisher007]

If the I-485 is denied and you are working with an EAD, what is the course of action you should be taking? Do you have to stop working immedidately, as soon as the case is denied? Do you have enough time to send an appeal to revoke the denial?

You don't have to maintain your H1-B and you can quit your job and still be in legal staus because of pending I-485 and also having EAD Valid.

Worse case scenerio is maintain you EAD(renew everytime until I-485 is approved). And by some reason your wife's I-485 gets denied then your are out of status only if she doesnot have valid H1-B. If she does have a valid H1-B then you can immidiately transfer your status to H4.

Rearly I-485 gets denied for EB category.

 

[TheRealCanadian]

You don't have to maintain your H1-B and you can quit your job and still be in legal staus because of pending I-485 and also having EAD Valid.

It's important to note that the EAD alone provides no status in the US; the pending I-485 does that. If the EAD is not renewed the alien remains in legal status, just not authorized to work.

And by some reason your wife's I-485 gets denied then your are out of status only if she doesnot have valid H1-B. If she does have a valid H1-B then you can immidiately transfer your status to H4.

Whether the wife has H-1B status really doesn't make much difference; he becomes out of status immediately on I-485 denial, but can regain H-4 status by leaving and re-entering the US. I wouldn't place much stock on an I-539, since it may take a long time while the illegal presence clock is ticking.

Rearly I-485 gets denied for EB category.

Agreed.