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Thread: Legal Status in the US Related Discussion

  1. #1

    Lightbulb Legal Status in the US Related Discussion

    HI ,

    Sorry for Posting this in wrong thread , Q you can delete this later if you want. i would need your advise to make decision.

    I am new to this group and i got this site information from one of my co worker.

    I need input from the group members regarding my status in the country. Currently i am working on H1 B and I planning to take break for next few months to spend time with my family.

    Recently i have filed my I485 with my husband and my husband is primary applicant , I have I 485 receipt Number and still waiting for the EAD and AP.
    What will happen if I resign to my job immediately? I know my company will send letter to USCIS to revoke my H1B and in this case what are my options to maintain valid status? Is there any impact to my I 485 Pending application because of H1 B revoke?

    Can you please advise?

  2. #2
    Soni nothing to worry about. You have a dual status right now - H1B/AOS pending. Even if you resign the AOS by itself is a valid status.

    I do not think you need to file any form to change status. But checking with your spouse's lawyer wouldn't hurt.

    p.s. - Not to invade your privacy but just want to share that "spending time with family" is something some of my friends' wives found more rewarding than the second family income!

    Quote Originally Posted by soni2011 View Post
    HI ,

    Sorry for Posting this in wrong thread , Q you can delete this later if you want. i would need your advise to make decision.

    I am new to this group and i got this site information from one of my co worker.

    I need input from the group members regarding my status in the country. Currently i am working on H1 B and I planning to take break for next few months to spend time with my family.

    Recently i have filed my I485 with my husband and my husband is primary applicant , I have I 485 receipt Number and still waiting for the EAD and AP.
    What will happen if I resign to my job immediately? I know my company will send letter to USCIS to revoke my H1B and in this case what are my options to maintain valid status? Is there any impact to my I 485 Pending application because of H1 B revoke?

    Can you please advise?
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

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  3. #3
    Quote Originally Posted by qesehmk View Post
    Soni nothing to worry about. You have a dual status right now - H1B/AOS pending. Even if you resign the AOS by itself is a valid status.

    I do not think you need to file any form to change status. But checking with your spouse's lawyer wouldn't hurt.

    p.s. - Not to invade your privacy but just want to share that "spending time with family" is something some of my friends' wives found more rewarding than the second family income!

    Hi Q,

    Thanks for your input and i really appreciate your prompt response. i will ask my husband to check with his company Immigration team.

  4. #4
    Guru veni001's Avatar
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    Quote Originally Posted by soni2011 View Post
    HI ,

    Sorry for Posting this in wrong thread , Q you can delete this later if you want. i would need your advise to make decision.

    I am new to this group and i got this site information from one of my co worker.

    I need input from the group members regarding my status in the country. Currently i am working on H1 B and I planning to take break for next few months to spend time with my family.

    Recently i have filed my I485 with my husband and my husband is primary applicant , I have I 485 receipt Number and still waiting for the EAD and AP.

    What will happen if I resign to my job immediately? I know my company will send letter to USCIS to revoke my H1B and in this case what are my options to maintain valid status? Is there any impact to my I 485 Pending application because of H1 B revoke?

    Can you please advise?
    Couple of things to note if you have travel plans...

    If you leave country before receiving EAD/AP then you have to re-enter US using a valid VISA.(make sure not to miss your bio-metrics appointment)

    If you leave country after receiving EAD/AP then you can use AP while entering back into US (off-course you have to come back before AP expiration)
    Last edited by veni001; 12-03-2011 at 10:53 PM.
    Not a Legal advice/opinion, please check with good immigration attorney.

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