If I file for I-485 and I-765 based on an approved I-526, can I resign from my full time work and start full time school with both EAD and I-485 COS pending? I will loose H1B status the day I resign, will I have legal status to start school?
Yes, you can study in the U.S. based on a pending AOS (I-485). I always recommend trying to maintain the underlying status (H-1B) as long as possible in case the I-485 is denied for whatever reason.
A properly filed I-485 provides a period of authorized stay; not any specific status but a period of authorized stay during which unlawful presence does not accrue. Your school of choice may or may not accept you in such status.
Yes, once you have the receipt for the I-485, most schools will accept you to study. However, confirm with your school what documents they will accept since many schools have different views.
You may study with a pending I-485 since you will be in a period of stay authorized by the attorney general, assuming I-485 is timely and properly filed. Conservative approach would be to continue to maintain an underlying nonimmigrant H-1B status until you get an approval of your I-485. In case something goes wrong with I-485 and it is not approved, you will fall on your underlying H-1B status. Otherwise you will fall out of status.
