I am currently on an H1B visa, in status, but want to quit my job.

Timing to quit is yours. I agree with most of what was said in the other responses. You will need to demonstrate that you won't be a public charge. Your wife will require the submittal of her 2009 tax return. If her income is sufficient, fine; if not in some cases your income legally obtained (such as on an H-1B) may count as well. It is always best to get your permanent residency application on file as soon as you are eligible. It will take approximately 60-90 days to get your work and travel permit so you may not want to quit your current job until the new work card arrives unless you are prepared to be unemployed for awhile. Lynne R. Feldman, Attorney at Law Concentrating in Immigration and Nationality Law 2221 Camino Del Rio South, Suite 201 San Diego, CA 92108 phone: (619) 299-9600, facsimile: (619) 923-3277 email: [email protected] website: www.immigrateme.com Formerly Adjunct Professor -- Immigration law University of Illinois College of Law

It's your decision to make. Either way ensure your wife will have sufficient income to comply with the requirement of the Affidavit of support. You are welcome to contact me should you wish to have legal representation or discuss your case. Goodluck.

From an immigration perspective, it's never advisable to fall out of status - but this is one of the few situations where it wouldn't necessarily be as big a problem as it could be. You would still be able to get a green card through your marriage to a citizen even if your status lapsed because you entered the U.S. legally (assuming there are no other issues: financial support, no criminal background, etc.) There would only be an issue if youc somehow come to the attention of immigration authorities while your status has lapsed and before you get the green card (neither withdrawal by your employer of the H-1B nor filing for the marriage-based green car dis likely to cause this). From a financial perspective, the question is how badly you need the income, If you hold off on quitting, file for the marriage-based case and along with it for an Employment Authorization, you would get the Employment Authorization three months after filing. This would allow you to work for any employer doing anything, and would certainly make the search for a new position easier if you were to wait until that point to look for something new - really is up to you and your personal situation what you choose to do. Speak with a lawyer for further guidance.

I agree with both other answers, and would just like to reiterate that, while it will not hurt a marriage-based application for adjustment of status to fall out of status (which would happen if you quit), you should always avoid periods of being out of status if at all possible, since you never know what the future will hold. Many, many people who believed that their lives were heading down one path--marriage to a US citizen, then adjustment of status, then happily ever after as a permanent resident--find themselves on another path. Maybe the marriage doesn't work out for some reason, and you want to stay in the US but are not yet a permanent resident. If you avoid periods of unlawful presence, you'll have a better chance of reestablishing yourself as an H1B, or in some other lawful status. Also, do heed the advice about your income requirements--in most places, USCIS will take the full 90 days to issue your employment authorization, and most employers will not accept proof that you have a pending adjustment of status application without the actual employment authorization document. Good luck to you!