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Out of status during green card application based on marriage to a us citizen

Las Vegas, NV |

Hi, I am a foreign national, currently working legally in the US under H1B status sponsored by my currently employer, and planning to apply for a green card based on marriage to a US citizen. The thing is, my husband will need to move from where we are to a different city in the US for his work at the end of Aug. We want to move together, but I am not sure if I will become out of status if I quit my job without the green card in hand. So my question is, should I wait till I get the green card before I quit my job or as long as my application is in process, I can quit without becoming an illegal resident? And if I have to wait till I get my green card, how many days will it take to get one from the day I file the application?

Attorney Answers 3


  1. The least complicated answer is it likely doesn't matter as long as you don't lose touch with USCIS because of the move. You don't want to lose your appointment date or a request for more evidence. For more details as to why you should consult with an immigration attorney as to why your falling out of status won't really affect your legal permanent residence case.


  2. You can transfer your H-1B to another in the city where your husband is moving to. Or you can wait until your adjustment of status application is filed before you quit your H-1B employment. Just make sure that you are living together with your husband as soon as possible.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 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.


  3. It takes approximately 2-3 months from the time in which you file your adjustment do status to obtain an employment authorization card. Thus, if you are already married why not file the AOS now. You would probably have your EAD around the time your husband has to move and you could easily follow him and seek a new position in the new state.

    This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.

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