Status after resignation

[Billtoo]

Guys and Gurus,

I am on H1b and got I-140 approved recently...
My wife is on H1b too and is valid for another year and half. Has a valid EAD but not using it.

Our 485 is not yet approved and might take a long time as we are from retro country.

My wife is planning to resign this July... and be homemaker for some time.
We are not sure if the hospital where she works withdraws her H1b or not..

Now when she submits her resignation letter .. what will be her status ...
I was told earlier that .. she will have status -- pending 485...

Will it cause trouble for 485 adjucation..

Thanks
Billtoo

 

[pralay]

Now when she submits her resignation letter .. what will be her status ...
I was told earlier that .. she will have status -- pending 485...

Yes, her status will change to AOS (i.e. pending I-485). In addition, if your H1 is still valid, she can convert her status to H4 by applying I-539.

 

[Billtoo]

Thanks Pralay for quick reply..

My h1b expires this Oct and I planned not to extend it .. want to go on EAD..

What action should I take after my wife resigns...

Thanks
Billtoo.

 

[pralay]

What action should I take after my wife resigns...

If you want to convert her status to H4, she needs to apply for I-539. If you don't want to convert, you don't need to do anything.