Pending AOS and employment

S

swatch

Registered Users (C)
Hello,

Here is my situation:

- Employed for 5 years in the US on an H1-B
- Got married to US citizen in June 2005
- Applied for AOS through marriage in January 2006
- Received AP document and will be fingerprinted in April 2006

I am considering resigning from my job and work on my own for up to one year. I do not expect any income during this timeframe.

Do you know if it is risky? Does it have a chance to negatively impact the AOS procedure? Should I wait till I get the EAD (what would be kind of ironical)?

I guess that I am a bit confused regarding my status. By resigning from my job, my understanding is that I would lose the H1-B status and become dependant on the pending AOS. Does this status require you to be employed?

Thanks a lot!!!
 
So you did apply for an EAD? I don't see why it would affect your application... Unless...did you use your income in the affradevit of support?
 
Yes, I have applied for an EAD. I should get it by the end of April 2006.

Do you think it is safe resigning from my job (I am on an H1-B) and doing my own project without any income for a while (up to 1 year)...

- now (before getting the EAD)?
- once I get the EAD (in approximately 1 month)?
- never?

Thanks so much!
 
my two cents

hi,

If you do quit your job between when you file your application and the interview AND you used your income to qualify for the poverty requirements of I-864, you will need to bring another I-864/864A for the interview that establishes that you still meet the 125% poverty requirement.

Otherwise you should be fine. (I think).
 
Should not affect at all if you quit your job you will be working as an adjustee (Pending AOS) with an EAD. Just that for travel you will have to apply for an Advance Parole.

Good luck,
 
Thanks a lot guys!

Thanks for the information!

Since we used my wife income on the application, my understanding is that I should be OK without a full-time job. It is great, great, great... :)
 
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