Once I file to USCIS, am I allowed to stay in US?

[mumuyangku]

Hello, I would like to ask a question regarding my status (in or out of status).

Right now, I am living and working in US with an H-1B visa.

1. My fiance and I plan to get married at the end of this month (August)
2. We will mail the required documents (I-130, I-485, I-765, and I-693) early September.
3. I plan to quit my work in mid- September (after submitting my application)

My questions are:

Since I plan to quit my work in mid-September, will I be legally allowed to stay in US after mailing/ submitting my application?

Or do I need to receive a notification from USCIS before quitting my work?

Could you please help me out? Thank you very much!

 

[philaug28]

will depends ....

If your fiance is a USC , yes you could stay legally in the US and wait untill you adjust status . You would be qualify for employment authorization i-765 and if you are not out of status at the present moment for more then 180 days you would also be qualify for AP . On the other hand if your wife is a GC holder , you want be able to adjust status in the US because you have to wait for a visa number to be available which could take years until it happens unless you are qualify for 245(i) benefits . The best would be if your fiance is a USC or if not but qualifies for it to do it fast . If she is you are welcome to stay in the US and enjoy every benefits that comes with the i-485 package .


send the whole package for adjustment of status with every document asked for before you quit your job since you are on H-1 , it would simply give you a reason not to fall in cancelation of your h-1 status at the time of filling .If you want to travel with AP you should not fall out of status for more then 180 days in order to be qualify without having to confront issues of bar of inadmissibility . Hope it helps .

 

[mumuyangku]

Thank you for all the help!

Dear Philaug28,

thank you very much for your help! Yes, my fiance, he is a USC and I haven't been out of status. I am so relieved to get your answer. Thank you so very much again!

If your fiance is a USC , yes you could stay legally in the US and wait untill you adjust status . You would be qualify for employment authorization i-765 and if you are not out of status at the present moment for more then 180 days you would also be qualify for AP . On the other hand if your wife is a GC holder , you want be able to adjust status in the US because you have to wait for a visa number to be available which could take years until it happens unless you are qualify for 245(i) benefits . The best would be if your fiance is a USC or if not but qualifies for it to do it fast . If she is you are welcome to stay in the US and enjoy every benefits that comes with the i-485 package .

 

[ari4u]

Hello, I would like to ask a question regarding my status (in or out of status).

Right now, I am living and working in US with an H-1B visa.

1. My fiance and I plan to get married at the end of this month (August)
2. We will mail the required documents (I-130, I-485, I-765, and I-693) early September.
You would also submit I-131 if you plan to travel while your application is pending.
3. I plan to quit my work in mid- September (after submitting my application)

My questions are:

Since I plan to quit my work in mid-September, will I be legally allowed to stay in US after mailing/ submitting my application?
Yes, after you get your NOA. You quit, you lose your H1, you would still be in legal status as long as you are in pending AOS. You need those receipts to prove that you have a A# and an application pending on your behalf

Or do I need to receive a notification from USCIS before quitting my work?
Yes, wait for your NOA before you quit your job

Could you please help me out? Thank you very much!