What is my US immigration status if I leave my H-1B job? - EB5Investors.com

What is my US immigration status if I leave my H-1B job?

If I were to leave the job for which I got my H-1B in the first place to study a postgraduate degree in the US, and while I complete my adjustment of status, what is my immigration situation? Am I still legally in the US?

Answers

Natalia Morozova

EB-5 Immigration attorneys
Answered on

If you leave your job under H1B and you leave the job you loose your H1B status. If you filed your adjustment while in valid H1B status you are an adjustment applicant and can continue to be in US while awaiting your decision. However recently there have been reports of adjustment applications who have overstayed their visa being detained by ICE.

Lynne Feldman

Lynne Feldman

EB-5 Immigration attorneys
Answered on

If your adjustment of status is pending, you are in a “period of stay authorized by the Attorney General” but this is not a status. To maintain status, you would need to file an I-539 to change to F-1 with I-20 from the school, pay SEVIS fee etc.

Yuliya Veremiyenko-Campos

Yuliya Veremiyenko-Campos

EB-5 Immigration attorneys
Answered on

If your adjustment of status (AOS) was filed while your H1B is valid, you are authorized to stay in the U.S. during the AOS pendency. You would need to have your AOS-based EAD and travel document before you can work or travel based on your pending AOS. You are allowed to study while you are waiting for your AOS to be approved. Please note that if you decide not to maintain your H1B status until your AOS is approved and USCIS denies your AOS, you will be required to leave the U.S. immediately.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

EB-5 Immigration attorneys
Answered on

If your H-1B status terminates, and your Adjustment of Status application (which was properly filed) is pending, you will be in a period of authorized stay. This is not lawful immigration status but you will not accrue unlawful presence.

Tony W. Wong

EB-5 Immigration attorneys
Answered on

If your I-485 is pending, yes, you can still legally stay in the U.S. However, because you lost your H-1B, your legal status in the U.S. will be an issue if your I-485 is denied.

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