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?
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.
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Carl Shusterman, Esq.
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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.
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.
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