My husband's Co. has filed for our GC.
I am on H1b just now with I485 and EAD pending, it's been 50 days its pending. I have following questions:
1. If I leave my current job, my h1b will expire, correct?
2. I will fall on AOS automatically, correct? Or do I need to do anything?
3. Can I, while in AOS, say after a week get a new job and new H1b? Would it be H1b transfer or new H1b?
4. For #3, do I fall under quota or have to wait till oct 2014 to start working?
5. What does the immigration visa attorney state to the above list? Thank you.
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1) Yes. Failing to work under your H-1B terms will make you in violation of your H-1B status.
2) You will still be in a "period of authorized stay" because of the pending AOS.
3) In order to transfer to a new H-1B employer, you must file while still in H-1B status. USCIS will sometimes excuse a very minimal lapse, but this gets risky.
4) If you've got less than 6 years in H-1B it will most likely be cap-exempt and wouldn't need to wait until next October.
This is general advice, but you would want to speak to your employer's attorney or another one for specific information about your situation.
Kindly note that this posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Remember, this site is akin to an internet blog. Do not rely on information here to make important decisions in your life. Make an appointment to meet with a licensed attorney in his or her office (or via Skype or phone) to obtain competent personal and professional guidance.
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1 lawyer agrees
It is safer to remain in H-1B status until your green card has been issued. Please see
Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
6 lawyers agree
You would be cap exempt if you find a new H1B employer, try to file the new H1B while you are still working for current H1B employer. In an ideal world you keep H1B status until AOS is approved.
I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client relationship. Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, my responses on Avvo are intended as general and not legal advice.
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