Status change questions

A

aks_reflections

New Member
Hello,

I am legally in the US on a H1-B and am getting married to a US citizen. I have a couple of questions regarding my status through the wedding. Please assist.

1. If I resign from my current job about 15 days before the wedding, would I be out of status / staying illegally till I file for AoS post-wedding?

2. After wedding
a. What is my status on filing the I-130 and I-485? Conditional Permanent Resident? Or do I need to wait till my case is processed to become a CPR? If I need to wait, what is my status while I wait?
b. To be eligible to work post-wedding, I understand I need to file I-765 ?
c. How soon do I become eligible to work on filing these papers? And under what status?

I realize these are probably basic Qs - just haven't been able to figure them out from the various articles I have read so far!

Thank you !
 
One you quit your job on an H1B you are immediately out of status (immediately in the sense of when the company takes you out of payroll). Usually you get 30 days to find a new H1B sponsor or leave the U.S.
Since you are getting married in these 30 days and you should be fine, but I would consult an immigration lawyer.
You only become a conditional Permanent Resident (green card holder) after USCIS approve your application, which takes 4-6 months.

To work while you wait for the green card you file I-765, which should be approved in up to 90 days (usually takes 45 days). Once you get the EAD card you can work for any employer (even while waiting for the green card).
 
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